/sas 


■NRLF 


SCHOOL  LAWS 


OF 


ARKANSAS 


^ 


LIBRARY 

OF  THE 

University  of  California. 

Gl  FT    OF 

]a^..3.... ^dA>.^...ji!^^ ' 

Class  ^ 

l^mJMEHT  OF  THE  IHTEHIOR, 
Entry  Catalogue  Number  " 

>^^jr//?___ 

C/ass V 

PRESENTED  BY 

"""■"■--izirr:^- 1   ' 

19233  b-20^~^^===== 

0-6 


H- 


VV.  E.Th  orn  ps6' 


/ 


DIGEST  OF  LA^WS 


KELATIXG   TO 


Free  Schools 


c^ 


IN  THE 


\ 


STAT 


SAS. 


FORMS  FOR  USE  OF  SCHOOL  OFFICERS 


"'THE    ^       , 


or 


PUBLISflEI)  \\\    AUTHORITY. 


LITTLE  KOCK  : 

A.  M.  WOODRUFF,  STATE  PRINTER. 


J^ 


Digitized  by  t^eirrt^net  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/digestoflawsrelaOOarkarich 


CHAPTER  CXXXV 


OF 


MANSFIELD'S  DIGEST. 


.Section. 

fkee  schools— support  of. 

0119.  The  state  ever  to  maintain  free  schools; 
who  may  receive  gratuitous  instruction. 

6120.  State  taxes  for  support  of ;  limit;  per  cap- 
ita tax  ;  additional  taxation  may  be  in 
school  districts  ;  limit. 


COMMON    SCHOOL    FUND. 


(ir2i. 


6122. 


What  moneys  and  other  properly  con&ti-  ! 

tute  this  fund  ;  to  be  invested.  j 

Income  of  fund  and  per  capita  tax,  how  ! 

appropriated.  j 

0123.  Auditor  to  draw  warrant  on  treasurer  for 

school  revenues  due  the  counties,  when,      j 

6124.  County  collector  to  collect  per  capita  tax  ' 

and  pay  into  coun*y  treasury,  when  and 
how. 

COLLECTION   OF  CLAIMS   DUE   COMMON   SCHOOL 
FUND. 

6125.  Money,  notes,  etc.,  in  hands  of  certain  per- 

sons to  be  turned  over  to  collector. 
612G.  Before  receiving  collector   to   give  bond; 
commission  for  collecting. 
Collectors  to  keep  same,  subject  to  order  of 
commissioners  of  fund, 

6128.  Collector  ;   punishment  for  failing  to  de- 

liver or  for  embezzling  moneys-',  etc.,  of 
the  fund. 

6129.  Collector  failing  to  deliver  on  order  of  com- 

missioners of  fund  to  be  presented  to 
grand  jury;  failnre  to  present  a  misde- 
meanor. 

6130.  Interest;  rate  of,  on  dues  to  the  fund. 

6131.  Counsel  may  be  employed  in  collection  of 

claims  of  the  fund ,  when  ;  compensation. 

6132.  Debts  due  the  fund  by  estates  preferred. 

6133.  No  costs  to  be  charged  in  suits  for  dues  to 

the  fund,  when. 


Section. 

commissioners  of  school  funij. 

6134.  Board  of    commissioners,    who    compose ; 

when  and  where  to  meet. 

6135.  Governor  to  be  president  of  board. 

6136.  Superintendent  of  public  instruction  to  be 

secretary  and  keep  record  of  proceedings; 
copy  of  record  to  be  evidence.  ^ 

6137.  Board  to  Invest  fund  in  bonds. 

6138.  Suits  for  moneys  due  the  fund  may  be  in 

any  court  having  jur'sdiciion,  when  ; 
board  ipay  direct  oflBcer  to  prosecute 
suit. 

6139.  All  moneys  accruing  to  the  fund  to  be  paid 

into  treasury  ;  how  paid  out. 

6140.  Auditor  accountant  tor  board  ;  to  make  re- 

port when  and  to  whom. 

6141.  Auditor  to  draw  warrants  on  the  fund  to 

pay  for  investments,  when. 

6142.  Treasurer  to  pay  such  warrants  and  keep 

in  treasury  all  securities  so  purchased. 

6143.  Board  to  make  settlements  with  the  fetate 

treasurer,  wlien. 


612 


SUPERVISION   OF   PUBLIC   SCHOOLS. 

6144.  General  assembly  to  provide  oflQcers  for. 
Slate  Superintendent  of  Public  Instruction. 

6145.  When  elected. 

6146.  Oath  of. 

6147.  To  have  general   superintendence   of  the 

schools  of  the  state. 

6148.  Office  to  be  at  Little  Rock  ;  have  all  books, 

etc.,  of  his  department  there,  and  of  the 
business  of  his  office  keep  a  record. 

6149.  6150, 6151 ,  6152,  6153,  6154,  6155.     Duties  and 

powers  of. 
6156.  Report  to  Governor,  when, 


180913 


SCHOOLS  AI^D  SCHOOL  LANDS. 


Section. 

6157.  Governor  to    transmit   report   to    general 

assembly. 

6158.  Superintendent  to  have  his    reports  pub- 

lished and  distributed. 

6159.  6160,   616J,  6IG2,  6163.  Powers  and  duties; 

further  specification  of. 

6164.  Vacancy"  in  oflSce  of  superintendent,  how 
t     filled. 

6165.  Superintendent  or  examiner  acting  as  book 

agent,  or    receiving    pay    for  influence, 
guilty  of   misdemeanor. 

6166.  Supeiintendent  may  grant  state  certificates 

to  any  person  passing  examlcation. 

6167  May  prepare  list  of  textbooks  and  recom- 
mend same. 

616S.  Impression  of  supeiintcrdent's  seal  of  of- 
fice to  be  furnished  to  secretary  of  slate. 

6169.  Documents,  etc.,  in  superintendent's  office, 

how  to  be  authenticated. 

6170.  To  prepare  forms  for  grades  of  certificates 

to  teachers,  school  registers  and  reports 
of  directors  and  examiners. 

SCHOJL   DISTRICTS. 

6171.  Boundaries    of,   county    court    may  alter, 

when  and  how. 

6172.  School  district ;  name  of ;  corporate  pow- 

ers. 

6173.  Hold  its  property  in  corporate  name. 

6174.  Number  of  residents  of  scholastic  age  re- 

quired for  a  district. 

6175.  County  court  may  form  new  districts  or 

change  boundaries,  when. 

APPOKTIONMENT   OF   SCHOOL   FUNDS. 

6176.  County  court  to  apportion  school  revenue 

to  the  districts  ;  rule. 

6177.  New  districts,  when  and  how  to  be  appor- 

tioned. 

6178.  County  examiners  to   report   numlAT  of 

residents  in  each  district. 

6179.  County   clerks  to  lay  reports    before  the 

court. 

6180.  Counties  losing  funds  by  change  of  bound- 

aries, to  be  reimbursed. 

6181.  Amounts  thus    paid  deducted  from  share 

of  what  counties. 

6182.  Aud'torto  draw  warrant  for  county's  share 

of  school  fund,  when. 

COUNTY   EXAMINERS. 

6183.  How  appointed,  commissiored,  etc. 

6184.  Appointments  heretofore  made  validated. 

6185.  Oath  of. 

6186.  6187.  Duties  and  powers  of,  in  examining 

and  licensing  teachers;  may  levoke  li- 
cense, when. 
6188.  To  issue  three  grades  of  certificates. 


Section. 

6189.  To  keep  record  of  teachers  licensed. 

6190.  To  encourage  Inhabitants  to  establish  pub- 

lic schools ;  report  to  state  superinten- 
dent condition  of  schools  in  his  county, 
etc. 

6191.  Annual  report  of,  what  to  contain. 

6192.  To  number  the  school  districts  and  keep 

record  and  description  of  each. 

6193.  May  appoint  j  erson  to  hold  institutes  and 

examinations,  when. 

6194.  County  superintendent's  office    abolished  ; 

all  books,  papers,  etc.,  to  be  received  and 
receipted  for  by  examiner. 

6195.  County  judge  may  remove  examiner  and 

appoint  successor,  when. 

6196.  Examiner  failing  to  perform  required  du- 

ties ;  forfeiture. 

ANNUAL    SCHOOL    MEETING. 

6197.  6198.  When  held  ;  who  may  vote. 

6199.  Quorum  ;  routine  of  business. 

6200.  Annual  district  election,  how  held  ;  judges 

and  clerks  of. 

6201.  Ballot,  form  of  ;  returns,  how  made.  \ 

6202.  Result  of  election  to  be  delivered  to  county 

clerk. 

6203.  County  court  to  open  returns  and  determine 

amount  ol'  taxes  voted. 

6204.  Taxes  so  voted,  how  levied  and  collected 

SCHOOL    DIRECTORS. 

6205.  "When  elected  ;  term  of  office. 

62G6.  Must  file  accep'ance,  when  and  how. 

6207.  Oath  of,  who  may  administer. 

6208,  G209.  Refusal    to  qualify  as  director,  for- 

feiture;  failing  to  perform  the  duties  of 
his  office,  forfeiture. 

6210.  Vacancy  in  ofiice  of  director,  how  filled. 

6211.  Trustees  perform  duties  of  directors,  when. 

6212.  6213,  6214.  Directors,  board  of;  duties  and 

powers. 
6215.  Month,  meaning  of,  in  school  law. 
6216,6217,6218,  6219,  6220,  6221.  Directors,  board 

of,  further  specification  of    duties    and 

powers. 

6222.  Warrant  drawn  by  directors  ;  county  treas- 

urer to  pay.  * 

6223.  Directors  to  give   notice  of  annual  schoo. . 

meeting  ;  contents  of  notice. 

6224.  6225.  Director,  one  to  be  clerk  at  all  district 

meetings,  and  keep  record  of  proceed- 
ings, also  to  keep  the  yearly  accounts  of 
the  district. 

6226.  Directors  to  report  to  county  clerk  the  oflS" 

cers  elected  and  the  amount  of  money 
voted  at  annual  meeting. 

6227.  Directors  to  report  annually  to  county  ex- 

aminer ;  contents  of  report. 


SCHOOLS  AND  SCHOOL  LANDS. 


Sectiox. 

6228.  Directors  failing  to  maivc  this  report,  liable 

in  damages. 

6229.  Directors   to  settle,  annually,  with  county 

treasurer. 

62a0,  6231.  Directors  may  suspend  any  pupil  for 
cause ;  may  permit  older  persons  to  at- 
tend school. 

62S2,  6233.  County  court  may  transfer  scholars 
to  an  adjoining  district,  when;  regula- 
*    tions  concerning  such  transfer. 

0234.  Directors  may  permit  private  school  to  be 
taught  in  district  scbool-house,  when. 

6236.  Directors  may  cause  schools  to  be  closed, 

when. 
62 ?6.  Directors   and    examiners    exempt     from 
working  on  roads,  and  from  jury  service. 

6237.  Neglect  to  report  tax  levied  at  annual  meet- 

ing ;  liability  for  loss  ;  fine. 

6238.  Directors  to  furnish  county  clerk  with  list 

of   all  persons  owning  property   in   the 
district  liable  to  pay  special  tax|  when. 
623S).  Neglect  of   any  duty    under  school   laws, 
fine  for. 

TEACHERS. 

6240.  Must  have  certificate  and  license  to  teach, 
or  not  entitled  to  pay. 

0241.  Mu&t  keep  daily  register. 

0242.  Duty  of,  to  attend  the  teacher's  institute. 

6243.  Not  to  permi  t  se  ctai  ian  books  to  be  used  in 

school. 

6244.  How  paid;  pref  ereti  ce  of  claim. 
6245:  To  return  register,  else  pay  stopped. 

TRESPASS    ON   SCHOOL   HOUSES,  ETC. 

6246.  Injuring   scbool-house,    fixtures,  etc.,  fine 

lor. 

SCHOOL  WAKKANTS— DISBURSEMENT  OF  FUNDS, 
ETC. 

6247.  County  collectors  and  treasurers  not  to  be 

interested  in  school  warrants. 
0248.  District  school  tax  payable  in  warrants  of 
district. 

6249.  County  treasurer  to  keep  register  of  school 

warrants,  how. 

6250.  County  treasurer  to  give  notice  of  receipt 

of  school  funds;  how  such  funds  paid 
out. 

6251.  Officer  failing  to  comply  with  act,,  punish- 

ment. 

6252.  Director    fraudulently     issuing    warrant, 

punishment. 

6253.  County  treasurer  to  report  school  funds  re- 

ceived  by   him,  disbur£ements  and  bal- 
ance in  treasury,  when. 

6254.  Orders  of   directors    to  be  presented    to 

treasurer,  or  become  void,  when  ;  order 
of  payment. 


Section. 

6255,  6256.  If  not  paid,  how  indorsed  ;  presented 

to    county    clerk,  Avho    issues    warrant 

therefor,  when  ;  record  of  such  warrants ; 

if  not  presented  to  clerk  to  become  void, 

when. 

VIOLATION  OF  SCHOOL   LAWS— DUTY   OF    PROSE- 
CUTING ATTORNEYS. 

6257.  Prosecuting  attorneys,  when    school  laws 

are  violated,  to  bring  offenders  to  trial; 
compensation  ;  costs  in  such  cases. 

SPECIAL     ACT     FCR     SCHOOLS      IN     CITIES     AND 
TOWNS. 

6258.  Cities  and  towns  may  be  special  school  dis- 

tricts. 

6259.  6260,  6261.  Procedure  to  adopt  the  act  and 

elect  directors. 

6262.  Directors  ;  oath;  teims  of  office;  vacancy 

occurring  in  board,  how  filled. 

6263.  Board  of  directors,  organization  of. 

6264.  Meetings  of   board ;    quorum ;   board  may 

make  rules  for  its  own  government. 

6265.  626P.  Powers  and  duties  of  board. 

6267.  Warrants  on  the    county    treasurer,  how 

drawn  and  signed. 

6268.  Secretary  of  board,  duties  of,  compensation. 

6269.  Title  to  all  school  property  vested  in  city 

or  town  as  a  school  district,  «ud  to  be 
under  control  of  directors. 

6270.  Name  of  district ;  corporate  powers  ;  style 

of  board. 

6271.  Debts  of  former  districts  to  be  paid. 

6272.  Directors  falling  to  qualify  or  to  perform 

their  official  duties;  penalty. 

6273.  Board  of  visitors  and  examiners,  how  ap-- 

pointed;  term  of  office;  appointee  fail- 
ing to  perform  duties  ;  penalty.. 

6274.  Distr  ct  to  receive    full    share  of  school 

fund. 

6275.  State  superintendent  to  make  suggestions, 

etc.,  to  directors. 

6276.  Provisions  of  the  general  school  law,  when 

to  apply  to  special  districts ;  county 
court  may  annex  contiguous  territory, 
when. 

SALE   OF   SIXTEENTH   SECTION. 

6277.  On  petition  lands  of  the  sixteenth  section 

sold  by  collector. 

6278.  6279,  6280.  Collector  to  divide  section  into 

tracts  and  make  plat ;  tract  may  be  di- 
vided into  village  lots;  sale  of  tracts  to 
commence,  where. 

6281.  Appraisement. 

6282.  Col  ector  to  give  notice  of  the  day,  place  ' 

and  terms  of  sale  ;  when  and  how. 


SCHOOLS  AND  SCHOOL  LANDS. 


Sectj»n. 

6283.  Sale  to    be  by  public  auction  ;  hours    of 

sale  ;  continuance  of^sale  ;  terms. 

6284.  Bidder  failing  to  perfect  bid,  land  resold, 

6285.  No  tract  to  be  sold  for  less   than  three- 

fourths  appraised  value ;  once  olTered 
and  not  sold,  may  be  offered  again  with- 
out petition. 

6286.  Until  land  paid  for,  purchaser  not  to  eut 

timber  except  for  improvements  on  the 
land  ;  bond  required. 

6287.  Col'ector  to  report  sales  to  county'court  j 

If  confirmed,  certificate  to  be  executed  ; 
form  of  certificate ;  failure   to  pay,  for- 
feiture ;  if  sale  rejected  by  court,  money 
*         ,  and  notes  returned. 

6288.  Collector,  affer  costs  paid,  to  deliver  cash 

and  notes  to  county  treasurer  ;  compen- 
sation of  collector  ;  treasurer  to  lend  all 
such  moneys  ;  terms  of  loans. 

6289.  Treasurer  to  report  to  county  court  amount 

of  interest  belonging  to  each  township  ; 
court  to  apportion  it. 

6290.  Treasurer,  on  failure  of  purchaser  to  pay 

notes,  to  notify  collector  ;  collector  to  en- 
ter upon  and  sell  the  tract,  unless. 

6291.  On  full  payment,  collector  conveys  tract  to 

purchaser. 
()i92.  Fees  of  county  treasurer. 

6293,  Commissioner  of  state  lands  to  turn  over 
to  county  ;  clerks  all  books,  ^maps,  etc, 
I)ertainiug  to  the  sixteenth  sections  ;  all 
collectors  to  pay  over  to  county  treas- 


Sectiox. 

urers  all  funds  from  the  sale  of  the  six- 
teenth sections. 

6294.  Where  county  line  runs  through  township, 
fcheriff  to  pay  over  to  each  county  treas- 
urer j()ro  ro /a  share  of  moneys  from  the 
sale  of  the  sixteenth  section. 


I  6295.  Last  assignee  of  certificate  for  school  lands 

j  entitled  to^deed,  when. 

1  6296.  Auditor  to  execute  deed  for  school  lands  to 

I  heirs  at  law,  when. 

I  6297.  Lands  so  conveyed  to  stand  charged  with 

I  amount  advanced  by   estate  to  procure 

i  title. 

i  6298.  Patents  issued,  and    all  official  acts  done 

i  during  the  war  concerning  school  lands, 

j  made  valid. 

6299.  Rights  of  the  state  in  such  lands,  acquired 

under  judgment,  etc  ,  where  deeds  had 
been  made  to  purchasers,  ves'ed  in  the 
proper  owners  under  such  deeds. 

6300.  Certain  suits  by  the  state  for  school  lands  to 

be  dismissed. 

6301.  Auditor  to  make  deed  for  school  lands  paid 

for,  and  for  which  no  conveyance  has 
been  made. 

LEASE  OF  SCHOOL  LANDS. 

!  6302.  Collector  to.lease  school  lands,  when. 

j  6303.  Manner  and  terms  of  leasing. 

j  6304.  Notice  of  leasing,  how  g'.ven. 

I  6305.  Leased  by  private  contract,  when. 

6306.  Occupants  to  pay  rent. 
'  6307.  Lessees,  rules  governing  ;  minimum  rent. 


FREE  SCHOOLS — SUPPORT  OF. 


Section  6119.  Intelligence  and  virtue  being  the  safeguards 
of  liberty,  and  the  bulwark  of  a  free  and  good  government,  the 
state  shall  ever  maintain  a  general,  suitable  and  efficient  system 
of  free  schools,  w^Kereby  all  persons  in  the  state,  between  the 
ages  of  six  and  twenty-one  years,  may  receive  gratuitous  in- 
struction. 

Sec.  6120.  The  general  assembly  shall  provide,  by  general 
laws,  for  the  support  of  common  schools  by  taxes,  which  shall 
never  exceed  in  any  one  year  two  mills  on  the  dollar  on  the 
taxable  property  of  the  state ;  and  by  an  annual  per  capita  tax  of 
one  dollar,  to  be  assessed  on  every  male  inhabitant  of  this  state 
over  the  age  of  twenty-one  years.     Provided,  the  general  assem- 


SCHOOLS  AND  SCHOOL  LANDS.  7 

bly  may,  by  general  law',  authorize  school  districts  to  levy,  by  a 
vote  of  the  qualified  electors  of  such  district,  a  tax  not  to  ex- 
ceed five  mills  on  the  dollar  in  any  one  year  for  school  purposes. 
Provided,  further,  that  no  such  tax  shall  be  appropriated  to  any 
other  purpose,  nor  to  any  other  district,  than  that  for  which  it 
was  levied.     Art.  XIV,  sees.  1  and  3,  Const. 

COMMON    SCOOL    FUND. 

Sec.  6121.  The  proceeds  of  all  lands  that  have  been,  or  here- 
after may  be,  granted  by  the  United  States  to  this  state,  and  not 
otherwise  appropriated  by  the  United  States  or  this  state ;  also 
all  moneys,  stocks,  bonds,  lands  and  other  property  now  belong- 
ing to  any  fund  for  purposes  of  education  ;  also  the  net  proceeds 
of  all  sales  of  lands  and  other  property  and  effects  that  may 
accrue  to  this  state  by  escheat,  or  from  sales  of  estrays,  or  from 
unclaimed  dividends,  or  distributive  shares  of  the  estates  of  de- 
ceased persons;  also  any  proceeds  of  the  sale  of  public  lands 
which  may  have  been,  or  may  be  hereafter,  paid  over  to  the 
state  (congress  consenting) ;  also  ten  per  cent,  of  the  net  pro- 
ceeds of  the  sales  of  all  state  lands ;  also  all  the  grants,  gifts  or 
devises  that  have  been,  or  hereafter  may  be  made  to  this  state, 
and  not  otherwise  appropriated  by  the  tenure  of  the  grant,  gift, 
or  devise,  shall  be  securely  invested  and  sacredly  preserved  as  a 
public  fund  that  shall  be  designated  as  the  "  common  school 
fund  "  of  the  state,  and  which  shall  be  the  common  property  of 
the  state,  except  the  proceeds  arising  from  the  sale  or  lease  of 
the  sixteenth  section  (*). 

Sec.  6122.  The  annual  income  from  the  said  fund,  together 
with  one  dollar  per  capita  to  be  annually  assessed  on  every  male 
inhabitant  over  the  age  of  twenty-one  years,  and  so  much  of 
the  ordinary  annual  revenues  of  the  state  as  may  hereafter  be 
set  apart  by  law  for  such  purposes,  shall  be  faithfully  appropri- 
ated for  maintaining  aHystem  of  free   common   schools   for  this- 

(-)  No  money  or  property  belonging  to  the  public  school  fund,  or  to  this  state,  for  the  benefit  of 
schools  or  universities,  shall  ever  be  used  for  any  other  than  for  the  respective  purposes  to  which  it 
belongs.    Art.  XIV,  sec.  2,  Const. 


S         SCHOOLS  AND  SCHOOL  LANDS. 

state,  and  shall  be  appropriated  to  no  o1>lier  purpose  whatsoever. 
Ad  Dec.  7,  1876,  sees.  1  and  2. 

Sec.  6123.  The  state  auditor  shall  on  requisition  from  the 
state  superintendent  of  public  instruction,  draw  warrants  on  the 
state  treasurer  for  payment  to  the  several  county  treasurers  of 
the  school  revenues  due  their  respective  counties. 

Sec.  6124.  The  per  capita  tax  levied  by  the  general  revenue 
laws  of  the  state  shall  be  collected  by  the  county  collector  at  the 
same  time  and  place  that  the  slate  taxes  are  collected,  and  be 
paid  into  the  county  treasury  on  or  before  the  first  day  of  July 
of  each  year,  in  the  presence  of  the  county  court  clerk,  who  shall 
make  a  record  of  the  same  as  a  revenue  for  the  support  of  com- 
mon schools  (t).     76.,  sees  31  and  32. 

COLLECTION  OF  CLAIMS  DUE  THE  COMMON  SCHOOL  FUND. 

Sec.  6125.  The  late  county  common  school  commissioners  in 
the  several  counties  in  this  State,  or  other  persons  holding  mon- 
eys, notes,  bonds  or  other  papers  belonging  to  the  common 
school  fund,  shall  be  and  they  are  hereby  required  to  turn  over 
the  same  into  the  hands  of  the  collectors  of  their  respective 
counties  when  ordered  to  do  so  by  the  board  of  commissioners 
of  the  common  school  fund.     Aet  Mareh  13,  1869,  see.  1. 

Sec.  6126.  Before  taking  charge  of  any  such  moneys,  bonds 
notes  and  other  papers  each  collector  shall  be  required  to  give  bond 
for  the  faithful  keeping  and  delivering  of  the  same,  in  such 
sum,  double  the  amount  supposed  to  come  into  his  hands,  and 
with  such  security  as  shall  be  approved  by  the  county  court, 
which  bond,  when  approved,  shall  be  filed  with  the  county  clerk  ; 
and  for  such  service  said  collector  shall  receive  one  per  cent,  of 
the  net  amount  of  such  claims,  wiien  collected,  payable  upon  the 
order  of  the  board  of  commissioners  of  the  common  school  fund. 
lb.,  see.  2. 

Sec.  6127.  It  shall  be  the  duty  of  each  collector  to  receipt  to 
any  ex-school  commissioner  or  other  person  for  such  moneys, 

(t)  The  penalty  collected  for  the  non-payment  of  taxes  on  personal  property  is  to  be  paid  into 
the  county  school  fund.    See  Sec,  5746. 


SCHOOLS  AND  SCHOOL  LANDS.  9 

notes,  bonds  or  other  papers  as  he  may  receive  from  him,  and 
safel}^  keep  the  same'subjectto  the  order  of  the  board  of  commis- 
sioners of  the  common  school  fand,  and  he  shall  deliver  them  to 
the  prosecuting  attorney  of  the  judicial  circuit  in  which  he  may 
reside,  or  to  such  other  officer  or  person  as  said  board  may  direct. 
Ib.y  sec.  3. 

Sec.  6128.  Any  collector  who  shall  fail  to  deliver  any  moneys,- 
bonds,  notes  or  other  papers  belonging  to  the  common  school 
fund,  for  ten  days  after  receiving  the  proper  order  from  the  com- 
missioners of  the  common  school  fand,  or  in  any  manner  con- 
vert to  his  own  use  said  moneys,  bonds,  notes  or  papers,  or  any 
portion  of  them,  shall,  on  conviction  thereof,  l^e  imprisoned  in 
the  penitentiary  not  less  than  ^yq  nor  more  than  ten  years.  lb., 
sec.  4. 

Sec.  6129.  Whenever  the  board  of  commissioners  of  the 
common  school  fund  shall  order  the  collector  to  deliver  any  of 
said  moneys,  notes,  bonds  or  papers  to  any  officer  or  person,  they 
shall  turnish  a  copy  of  said  order  to  such  officer  or  person,  who, 
if  he  shall  not  receive  from  the  collector  such  moneys,  notes, 
bonds  or  paper's  within  the  time  sjDecilied  in  the  foregoing  sec- 
tion, shall  present  the  fact  to  the  grand  jury  at  the  next  term  of 
the  circuit  court  for  the  county  in  which  such  collector  may  re- 
side, and,  upon  failure  to  do  so,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  in  a  sum  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars.     i6.,  sec.  5. 

Sec.  6130.  If  default  be  made  in  the  regular  payment  of  in- 
terest due  upon  money  loaned,  or  for  lands  sold  by  any  common 
school  commissioner  or  township  treasurer,  or  in  the  payment  of 
the  principal,  interest  at  the  ratd  of  ten  per  cent,  per  annum 
shall  be  charged  upon  the  principal  and  interest  from  the  day  of 
default,  which  shall  be  included  in  the  assessment  of  damages, 
or  in  the  judgment,  in  suits  or  action  brought  upon  the  obliga- 
tion to  enforce  payment  thereof;  and  interest,  as  aforesaid,  may 
be  recovered  in  actions  brought  to  recover  interest  only.  Act 
Jan.  11,  1853,  sec.  52.  * 

Sec.  6131.     The  board  of  commissioners  of  the  common  school 


10  SCHOOLS  AI^D  SCHOOL  LANDS. 

fund  shall  be  and  they  are  hereby  empowered  and  authorized, 
when  they  deem  it  necessary  and  appropriate,  to  employ  counsel 
other  than  the  prosecuting  attorney  or  attorney-general  in  the 
adjudication  and  collection  of  outstanding  claims  of  the  common 
school  fund  in  the  several  counties  of  the  state  ;  and  such  coun- 
sel, when  so  employed,  shall  be  allowed  a  reasonable  compensa- 
.tion  for  their  services,  not  to  exceed  -^\e  percent,  of  the  amount 
in  controversy,  to  be  paid  on  the  order  of  said  board  of  com- 
missioners; and  a  sufficient  amount  is  hereby  appropriated  out 
of  the  common  school  fund  for  that  purpose.  Provided,  no 
amount  shall  be  paid  for  counsel  to  exceed  ^ve  per  cent,  of  the 
amount  collected.     Act  April  12,  1869,  sec.  3. 

Sec.  6132.  In  the  payment  of  debts  by  executors  and  admin- 
istrators, the  debts  due  the  common  school  fund  shall  have  a 
preference  over  all  other  debts,  except  funeral  and  other  expenses 
attending  the  last  sickness. 

Sec.  6133.  No  justice  of  the  peace,  constable,  clerk  of  a  court 
or  sheriff  shall  charge  any  costs  in  any  suit  where  the  collector 
or  any  other  officer  sues  for  the  recovery  of  any  money  due  to 
the  common  school  fund,  if  the  plaintiff  in  such  cause  is  unsuc- 
cessfal.     Act  Jan.  11,  1853,  sec.  50  and  55. 

COMMISSIONERS    OF    SCHOOL    FUND. 

Sec.  6134.  The  governor,  secretary  ot  state  and  state  super- 
intendent of  public  instruction  shall  constitute  a  board  of  com- 
missioners of  the  common  school  fund,  and  shall  meet  semi-an- 
nually at  the  office  of  said  superintendent  on  the  first  Monday  in 
February  and  on  the  first  Monday  in  August  in  each  year.  Pro- 
vided, that  the  governor  may  assemble  the  members  of  said  board 
any  time,  at  his  discretion. 

Sec.  6135.  The  governor  shall  be  president  of  said  board,  and 
shall  sign  the  journal  of  each  day's  proceedings. 

Sec.  6136.  The  superintendent  of  public  instruction  shall  act 
as  secretary  of  the  said  board,  and  shall  keep  a  faithful,  correct 
record  of  the  proceedings,  and  shall  keep  the  said  record  open  at 
all  times  for  inspection.     A  copy  of  said  record,  certified  by  the 


SCHOOLS  AND  SCHOOL  LANDS.  11 

secretary  of  the  board,  sha;ll  be  in  all  cases  received  as  evidence 
equal  with  the  original. 

Sec.  6137.  The  said  board  of  school  commissioners  shall  have 
the  management  and  investment  of  the  common  school  fund  be- 
longing to  the  state,  and  shall,  from  time  to  time,  as  the  same 
may  accumulate,  securly. invest  the  said  fund*  in  bonds  of  the 
United  States  or  the  State  of  Arkansas. 

Sec.  6138.  That  all  moneys  required  by  law  to  be  paid  into 
the  treasury,  to  the  credit  of  the  common  school  fund  may,  if  the 
same  be  not  paid  within  thirty  days  after  they  shall  have  become 
due  and  payable,  be  recovered,  with  interest  due  thereon,  by 
action  in  any  .cpurt  having  jurisdiction;  and  such  action  shall 
be  prosecuted  by  the  attorney-general  of  the  state,  or  by  the 
prosecuting  attorney  of  any  judicial  district  within  this  state, 
when  directed  by  the  said  board. 

Sec.  6139.  All  moneys  belonging  or  owing  to  the  common 
school  fund,  as  mentioned  in  section  6121,  or  accruing  as  rev- 
enues there  from,  together  with  the  state  school  tax,  shall  be 
pjid  directly  into  the  state  treasury,  and  shall  not  be  paid  out 
except  on  the  warrant  of  the  auditor.     Act  Dec.  7, 187^,  sees.  3-8. 

Sec  6140.  The  state  auditor  shall  be  the  accountant  of  the 
said  board,  and  shall,  annually,  on  the  first  Monday  in  October, 
transmit  to  the  governor  and  to  the  superintendent  of  public  instruc- 
tion a  report  of  the  condiction  of  the  school  fund  on  the  first  day  of 
July  last  preceding,  with  an  abstract  of  the  accounts  thereof  in  his 
office. 

Sec  6141.  The  auditor  shall,  under  the  direction  of  the  board 
of  commissioners,  draw  warrants  on  the  state  treasurer  for  the  pay- 
ment of  all  or  any  portion  of  the  common  school  fund  belonging  to 
the  state,  for  the  purchase  of  bonds  or  other  securities  in  which  the 
same  is  by  law  invested. 

Sec.  6142.  The  state  treasurer  shall,  by  virtue  of  such  warrant, 
pay  from  the  uninvested  common  school  fund  ,the  purchase  money 
for  said  securities,  and  shall  receive  and  deposit  the  same  in  the  state 
treasury  for  safe  keeping,  and  receipt  to  the  president  of  the  board 
of  commissioners  for  the  kind  and  amount  of  such  securities. 


12  SCHOOLS  AIS^D  SCHOOL  LANDS. 

Sec.  6143.  The  said  board  shall,  at  •their  semi-annual  neetinjj, 
settle  with  the  state  treasurer  all  accounts  of  the  common  school 
fund  not  before  settled.     76.,  sees.  9-12. 

SUPERVISION    OF    PUBLIC   SCHOOLS. 

Sec.  6144.  The  supervision  of  public  schools,  and  the  execution 
of  the  laws  regulating  the  same,  shall  be  vested  in  and  confided  to 
such  officers  as  may  be  ^orovided  for  by  the  general  assembly.  Art. 
XIV^  sec,  4,  CoJis. 

State  Superintendent  of  Puhlie  Instruction, 

Sec.  6145.  At  the  next  general  election,  and  'every  two  years 
thereafter,  there  shall  be  elected  a  state  superintendent  of  public  in- 
struction, by  the  qualified  electors  of  this  state,  as  state  officers  are 
now  elected. 

Sec.  6146.  Before  entering  upon  the  duties  of  his  office,  he  shall 
take  and  subscribe  the  oath  prescribed  for  officers  by  the  constitution 
of  this  state,  and  shall  file  such  oath  with  the  secretary  of  state. 

Sec.  6147.  The  superintendent  of  public  instruction  shall  be 
charged  with  the  general  superintendence  of  the  business  relating  to 
the  free  common  schools  of  this  state. 

Sec.  6148.  He  shall  open,  at  the  seat  of  the  state  government 
(at  the  expense  of  the  state),  a  suitable  office,  in  which  he  shall  keep 
all  books,  reports,  documents  and  other  papers  pertaining  to  his  de- 
partment, and  where  he  shall  be  in  attendance  when  not  necessarily 
absent  on  business,  and  have  personal  supervision  of  the  business 
affiiirs  of  his  office,  and  keep  a  clear  and  correct  record  thereof. 

Sec.  6149.  He  shall  furnish  suitable  questions  for  the  examin- 
ation of  teachers  to  the  county  examiner;  he  shall  hold  a  teachers 
institute  annually  in  each  judicial  district  of  the  state,  to  be  called  a 
normal  district  institute;  he  shall  arrange  the  programme  exercises 
for  each  of  such  institutes,  and  preside  thereat.  Provided^  if  he 
should  not  be  presei^t,  the  teachers  who  may  litve  assembled  may 
organize  and  hold  such  normal  district  institute. 

Sec.  6150.  He  shall  prepare  and  transmit  to  the  county  ex- 
aminers school  registers,  blank  certificates,  reports  and  other  printed 


SCHOOLS  Al^D  SCHOOL  LANDS.  13 

blank?,  together  with  other  suitable  blanks,  forms  and  printed  in- 
structions, to  be  forwarded  to  directors  and  other  school  officers,  as 
may  be  necessary  to  aid  such  officers  in  making  their  reports  and 
carrying  into  full  effect  the  various  provisions  of  the  school  law  of 
this  state. 

Sec.  615L  He  shall  exercise  such  supervision  over  the  school 
funds  as  to  ascertain  the  amount  and  disposal  made  of  the  same, 
their  protection  and  safety  when  invested  or  deposited,  and  recom- 
mend measures  for  their  security  and  preservation,  and  for  render- 
ing them  most  productive  of  revenues  ;  shall  enforce  the  strict  ap- 
plication of  the  school  revenues  to  the  legitimate  purposes  for  w4iich 
they  were  intended,  and  shall,  when  directed  by  the  commissioners 
of  the  school  fund,  cause  to  be  instituted,  in  the  name  of  the  State 
of  Arkansas,  suits  or  action  for  the  recovery  of  any  portion  of  the 
said  funds  or  said  revenues  that  may  be  squandered,  illegally  ap- 
})lied  or  unsafely  deposited. 

Sec.  6152,  He  shall,  on  or  before  the  first  day  of  November  in 
each  year,  prepare  and  submit  to  the  governor  of  this  state  an  annual 
report,  in  writing,  showing  the  number  of  persons  between  the  ages 
of  six  aud  twenty-one  years  residing  in  the  state  on  the  first  day  of 
the  preceding  July  ;  the  number  of  such  persons  in  each  county  ;  the 
number  of  each  sex  ;  the  number  of  white ;  the  number  of  colored  ; 
the  whole  number  of  such  persons  that  attended  the  free  common 
schools  of  the  state  during  the  year  ending  the  thirtieth  day  of  the 
last  preceding  June,  and  the  number  in  each  county  that  attended 
during  the  same  period  ;  the  number  of  whites  of  each  sex  that  at- 
tended, and  the  number  of  colored  of  each  sex  that  attended  the  said 
schools  ;  the  number  of  common  schools  in  the  state  ;  tl^e  number  of 
pupils  that  studied  each  of  the  branches  taught ;  -the  average  wages 
paid  teachers  of  each  sex  ;  the  relative  average  wages  paid  to  male 
and  female  teachers,  respectively,  according  to  the  different  grades 
of  their  certificates;  the  number  of  school-houses  erected  during  the 
year,  the  material  and  cost  thereof;  the  number  previously  erected, 
the  material  of  which  they  were  constructed,  their  condition  and 
value  ;  the  number  with  their  grounds  enclosed  ;  the  counties  in 
which  teachers'  institutes  were  held,  and  the  numbfir  that  attended 
the  institutes  in  each  county.  ^ 


14  SCHOOLS  AND  SCHOOL  LANDS. 

Sec.  6153.  He  shall  likewise  report  the  amount  of  permanent 
school  fund  belonging  to  the  state  at  the  close  of  the  fiscal  school 
year,  and  the  amount  of  other  property  apportioned  to  school  pur- 
poses ;  the  nature,  kind  and  amount  of  such  investments  made  of  the 
same  ;  the  safety  and  permanency  of  such  investments ;  the  amount 
of  revenue  accruing  from  the  school  funds;  the  income  received 
from  the  per  capita  assessments  of  each  county,  and  the  amount,  de- 
rived from  such  assessment  in  all  the  counties  of  the  state;  the  in- 
come derived  from  all  other  sources,  together  with  the  amount  de- 
rived from  each ;  likewise,  in  what  sums,  for  what  purposes  and  in 
what  manner  the  said  school  revenue  shall  have  been  expended,  and 
•  what  amount  of  school  moneys  of  various  kinds  are  in  the  various 
county  treasuries  unexpended. 

Sec.  6154.  He  shall  include  in  his  report  such  plans  as  he  may 
have  matured  for  the  improvement  of  the  common  school  system  of 
this  state;  for  the  accumulation,  the  investment  and  the  more  judic- 
ious management  of  the  common  school  fund,  and,  when  he  may 
deem  it  advisable,  shall  recommend  measures  for  a  more  economical 
and  advantageous  collection  and  expenditure  of  the  revenues  ac- 
cruing from  the  said  fund  ;  and  whenever  it  comes  to  his  knowledge 
that  any  of  the  investments  of  the  school  funds  are  not  safe,  or  that 
that  any  portion  of  the  said  fund  is  liable  to  be  lost,  that  it  is 
unproductive  of  revenue,  or  that  any  of  the  school  revenues  hive 
been  diverted  from  their  proper  channel  or  from  the  appropriate  ob- 
jects contemplated,  he  shall  report  the  facts  to  the  governor  and  to 
the  general  assembly,  if  in  session. 

Sec.  6155.  He  shall  also  append  to  his  report  a  statistical  table, 
compiled  from  the  materials  transmitted  to  his  office  by  school 
officers,  with  proper  summaries,  averages  and  totals  given. 

Sec.  6156.  He  shall  present  such  a  comparison  of  results,  and 
such  an  exhibit  of  his  administration,  and  of  the  operation  of  the 
common  free  school  system,  together  with  such  statements 
of  the  true  condition  of  the  schools  of  the  state,  as  shall 
distinctly  show  the  improvements  and  progress  made  from  year  to 
year  in  the  department  of  public  instruction. 

Sec.  6157.     The  annual  reports  of  the  state  superintendent^o  the 


SCHOOLS  AKD  SCHOOL  LANDS.  15 

governor  shall  be  transmitted  by  the  governor  to  the  general  assem- 
bly at  the  opening  of  the  session. 

Sec.  6158.  He  shall  have  his  reports  to  the  governor  published 
as  soon  as  practicable  after  they  have  .been  made,  and  shall  cause 
them  to  be  distributed  among  the  various  school  officers  of  the  state, 
to  be  kept  on  file  in  their  respective  offices.  Provided,  he  shall  not 
have  more  than  five  thousand  copies  of  such  reports  printed  for  any 
one  year,  the  printing  of  such  reports  to  be  let  out  as  other  contracts 
for  printing. 

Sec.  6159.  He  shall,  on  the  first  Monday  of  July  and  on  the  first 
Monday  of  January  of  each  year,  make  a  pro  rata  apportionment 
to  the  several  counties  of  the  state  of  the  remaining  revenues  in  the 
state  treasury,  available  for  distribution  for  school  purposes,  on  the 
basis  of  the  number  of  persons  between  the  ages  of  six  and  twenty-one 
years  residing  in  the  said  counties,  respectively,  on  the  first  Monday 
of  July  previous;  and  he  shall  publish  a  statement  of  the  same,  and  as 
early  as  practicable  shall  transmit  a  copy  thereof  to  each  county  ex- 
aminer and  to  each  of  the  several  treasurers  in  the  state,  and  to  each 
county  clerk,  who  shall  submit  the  same  to  the  county  court  at  its 
next  term ;  and  he  shall  thereupon  draw  his  requisition  on  the  state 
auditor  in  favor  of  the  treasurers  of  the  several  counties  for  such 
amounts  as  the  said  counties  may  be  entitled  to  receive  for  the  sup- 
port of  free  common  schools.  » 

Sec.  6160.  He  shall,  from  time  to  time,  publish  in  convenient 
pamphlet  form,  and  furnish  each  school  officer,  the  acts  of  the  gen- 
eral assembly  relating  to  common  schools,  and  the  decisions  of  the 
courts  having  competent  jurisdiction  in  relation  to  the  school  laws; 
and  he  shall  likewise,  at  the  request  of  any  school  officer,  render  a 
decision  relating  to  the  intent,  construction  or  administration  of 
any  portion  of  the  school  laws  on  which  decisions  shall  not  have 
been  published,  and  he  may,  when  he  shall  deem  it  advisable  to 
have  the  opinion  of  the  attorney-general,  require  said  opinion  to  be 
given  in  writing. 

Sec.  6161.  He  shall  for  the  purpose  of  ascertaining  the  amounts, 
safety  and   preservation   of  the   school  funds,   have   access   to  the 


16  SCHOOLS  AND  SCHOOL  LANDS. 

auditor's  books  and  papers,  with  full  power  to  use  and  inspect  the 
same. 

Sec.  6162.  At  the  expiration  of  his  term  of  office  he  shall  de- 
liver to  his  successor  possession  of  his  office,  together  with  all 
hooks,  records,  documents,  papers  and  other  articles  belonging  or 
j  ertaining  to  his  office. 

Sec.  6163.  He  shall  affix  the  seal  of  the  department  of  public 
instruction  to  all  official  communications  from  his  office. 

Sec.  6164.  Whenever  a  v^acancy  in  the  office  of  superintendent 
of  public  instruction  shall  occur,  from  death,  resignation  or  other- 
wise, the  governor  shall  appoint  a  person  of  suitable  attainments  to 
serve  the  remainder  of  the  unexpired  term.  Frovided,  such  vacancy 
shall  occur  within  nine  months  from  the  next  succeeding  election  ; 
otherwise  an  election  shall  be  ordered,  as  in  case   of  state  officers. 

Sec.  6165.  Neither  the  state  superintendent  nor  county  exam- 
iner shall  act  as  agent  for  any  author,  publisher  or  bookseller,  nor 
directly  or  indirectly  receive  any  gift,  emolument,  reward  or  prom- 
ise of  reward  for  his  influence  in  recommending  or  procuring  the 
use  of  any  book,  schDol  apparatus  or  furniture  of  any  kind  what- 
ever, in  any  public  school ;  and  any  school  officer  who  shall  violate 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  subject  to  removal  from  office. 

Sec.  6166.  The  state  superintendent  of  public  instruction  shall 
have  power  to  grant  slate  certificates,  which  shall  be  valid  for  life, 
unless  revoked,  to  any  person  in  the  state  who  shall  pass  a  thorough 
examination  in  all  those  branches  required  for  granting  county 
certificates;  and,  also  in  algebra  and  geometry,  physics,  rhetoric, 
mental  philosophy,  history,  Latin,  the  constitution  of  the  United 
States  and  of  the  State  of  Arkansas,  natural  history  and  theory  and 
art  of  teaching. 

Sec.  6167.  He  shall  prepare,  for  the  benefit  of  the  common 
schools  of  the  state,  a  list  of  such  text  books  on  orthography,  read- 
ing in  English,  mental  and  written  arithmetic,  penmanship,  English 
grammar,  modern  geography  and  history  of  the  United  States,  as 
are  best  adapted  to  the  wants  of  the  learner,  and  as  have  been  pre- 
pared with  reference  to  the  most  philosophical  methods  of  teaching 


SCHOOLS  AND  SCHOOL  LANDS.  17 

those  branches,  and  shall  recommend  the  said  text-books  to  teachers 
and  to  directors  throughout  the  state. 

Sec.  6168.  He  shall  procure  and  adopt  a  seal  for  his  office,  and 
furnish  an  impression  and  description  of  said  seal  to  the  secretar}^  (d' 
state,  to  be  preserved  in  his  office. 

Sec.  6169.  A  copy  of  any  paper  or  document  deposited  or  filed 
in  the  office  of  superintendent  of  pu})lic  instruction  shall,  when  au- 
thenticated by  the  said  seal,  be  evidence  equal,  to  all  intents  and 
])urposes,  with  the  original. 

Sec.  6170.  The  said  superintendent  shall  prepare  appropriate 
forms  for  three  several  grades  of  certificates  to  be  issued  to  teachers 
by  the  county  examiners.  He  shall  prepare  suitable  school  registers, 
in  which  teachers,  at  the  close  of  the  school  terra,  are  to  make  their 
reports  to  the  trustees  of  the  name  and  age  of  each  pupil,  the  date 
of  each  pupiFs  entrance,  the  separate  days  on  which  each  attended 
school,  the  studies  each  pursued,  the  total  attendance ;  and  shall 
likewise  prepare  suitable  forms  for  the  reports  of  directors  and 
county  examiners.     Act.  Dec! ,  1875,  sees.  13-30  and  33-37. 

SCHOOL  DISTRICTS. 

Sec.  6171.  The  boundaries  of  school  districts  in  counties  ot  this 
State  shall  be  and  remain  as  now  established,  except  that  the  county 
court  shall  have  power  to  alter  the  same  whenever  a  majority  of  the 
citizens  residing  therein  shall  petition  the  court  so  to  do;  but  in  all 
(dianges  due  regard  shall  be  had  to  the  convenience  of  the  citizens, 
and  all  the  territory  in  the  county  shall  be  embraced  in  said  school 
districts. 

Sec.  6172.     Each   school    district   shall  be  a  body  corporate,  by 

the   name   and   style   of    '^School   District  No. ,  of  the  county 

of ,'^  and  by  such  namtC  may  contract  and  be  contracted  with,  sue 

and  be  sued,  in  any  of  the  courts  of  this  State  having  competent 
jurisdiction  (J). 

Sec.  6173.  Every  district  shall  hold  in  the  corporate  name  of  the 
district  the  title  of  lands  and  other  property  which  may  be  acquired 

(1^  School  districts  are  not  liable  for  trespasses  committed    by  their  officers.    School  District 
No.  11  V.  Williams,  38—454. 
S2 


18  SCHOOLS  AKD  SCHOOL  LANDS. 

by  said  district  for  school  district  purposes.  Act  Dec.  7,  1875,  sees. 
39  and  53. 

Sec.  6174.  No  new  school  district  shall  be  formed  having  less 
than  thirty-five  persons  residing  within  the  territory  included  in 
snch  new  district  of  scholastic  age,  and  no  district  now  formed  shall, 
by  the  formation  of  a  new  district,  be  reduced  to  less  than  thirty- 
five  persons  of  scholastic  age.     Act  March  11,  1881,  sec.  6. 

Sec.  6175.  The  county  court  shall  have  the  right  to  form  new 
school  districts,  or  change  the  boundaries  thereof,  upon  a  petition 
of  a  majority  of  all  the  electors  residing  upon  the  territory  of  the 
district  to  be  so  affected  by  such  change  within  the  territory  to  be  in- 
cluded in  the  new  district  proposed.  Provided,  such  territory  have 
the  requisite  number  of  children  and  property  to  comply  with  the 
now  existing  laws  in  such  cases  provided.  Act  March  30,  1883, 
sec.  2. 

APPORTIONMENT  OF   SCHOOL    FUND. 

Sec.  6176.  The  county  court,  immediately  on  receiving  notice  of 
the  distributive  share  of  school  revenue  apportioned  by  the  state 
superintendent  to  each  county  shall  proceed  to  apportion  to  the 
several  school  districts  of  the  county,  in  proportion  to  the  number  of 
persons  between  the  ages  of  six  and  twenty-one  years  residing:  within 
the  school  district,  respectively,  on  the  first  Monday  of  July  previous, 
the  said  school  revenue  apportioned  to  the  county,  and  shall  for- 
ward to  the  county  treasurer,  and  to  each  of  the  directors  of  each 
district,  a  statement  of  such  apportionment,  carefully  distinguishing 
the  sources  from  which  the  school  revenues  so  apportioned  are  de- 
rived, and  the  amount  due  each  school  district  in  the  county  from 
each  separate  source,  and  shall  see  that  the  revenues  from  the  public 
school  fund  are  invariably  paid  to  the  county  and  to  the  school  dis- 
tricts strictly  in  accordance  with  the  apportionment  made  to  them. 

Sec.  6177.  Whenever  a  new  district  shall  have  been  formed  and 
organized,  the  court  shall,  at  the  next  apportionment  made  thereafter, 
apportion  to  the  new  district  school  revenues  in  proportion  to  the 
number  of  persons  between  the  ages  of  six  and  twenty-one  years  re- 
ported by  the  directors  of  the  new  district ;  provided,  ahcayH,  that 


SCHOOLS  AND  SCHOOL  LANDS.  19 

the  number  of  persons  between  the  ages  of  six  and  twenty-one  years 
reported  in  any  year  by  the  district  directors  of  each  county  shall  be 
taken  as  the  quota  of  that  county,  and  the  number  reported  from 
each  school  district  shall  be  taken  as  the  quota  of  that  district,  and 
that  the  only  basis  on  which  an  apportionment  of  the  school  revenue 
shall  be  made  is  to  be  the  number  of  persons  so  imported  each  year 
by  the  district  directors.     Act  Dec.  'J^,  1875,  .S'ccs.  40,  41. 

Sec.  6178.  The  county  examiners  of  the  several  counties  shall, 
annually,  between  the  tenth  and  twentieth  days  of  September,  trans- 
mit, verified  by  affidavit,  to  the  county  clerks  of  their  respective 
counties  a  written  report,  showing  the  number  of  persons  between 
the  ages  of  six  and  twenty-one  years  residing  in  each  school  district 
in  their  respective  counties,  as  shown  by  the  reports  of  the  district 
directors  made  for  the  same  year  to  the  county  examiners,  as  is  now 
required  by  law. 

Sec.  6179.     The  county  clerks  shall,  during  the  first  terms  of 

their  respective  county  courts  held  after  the  reception  of  the  reports 

provided  for  in  the  preceding  section,  lay  such  reports  before   such 

county  courts,  to  be  used  as  a  guide  in   making  the  apportionment 

of  the  general  school  fund  to  the  various  school  districts.  Act 
March  23,  1881. 

Sec.  6180.  Any  county  which,  by  a  change  of  county  lines,  or 
by  the  formation  of  a  new  county  or  counties,  shall  fail  to  receive 
the  school  funds  which  justly  should  be  apportioned  to  it,  from  the 
fact  of  its  school  population  being  reckoned  with  that  of  the  county 
or  counties  to  which  the  said  funds  may  be  apportioned,  shall  be  re- 
imbursed for  the  loss  thus  incurred.  Said  loss  shall  be  corrected  in 
the  first  apportionment  of  the  school  revenue  thereafter.  Provided, 
that  if  such  correction  be  not  made  in  the  first  apportionment  there- 
after, it  may  be  made  in  the  second. 

Sec.  6181.  The  amounts  refunded  according  to  the  provisions 
of  section  6180  shall  be  deducted  from  the  funds  apportioned  to  the 
counties  which  were  the  original  recipients  of  the  erroneously  oppor- 
tioned  revenues. 

Sec.  6182.  Upon  the  presentation  of  the  certificate  of  the  super- 
intendent of  public  instruction  of  the  amount  or  amounts  due  any 


20  SCHOOLS  AND  SCHOOL  LANDS. 

county,  by  the  provisions  of  this  act,  to  the  auditor,  he  shall  draw 
his  warrant  on  the  state  treasurer  for  said  amount  or  amounts  in 
favor  of  the  treasurer  of  said  county  for  the  benefit  of  the  school 
fund,  and  in  compliance  with  section  6180.     Act  March.  6,  1877. 

•  COUNTY   EXAMINERS. 

Sec.  6183.  The  county  court  of  each  county  shall,  at  the  first 
term  thereof  after  each  general  election,  appoint  in  each  county  not 
divided  into  two  judicial  districts  one  county  examiner,  and  in  each 
county  divided  into  two  judicial  districts  may  appoint  one  county 
examiner  for  each  district,  such  examiner  to  be  of  high  moral 
character  and  schoolastic  attainments  ;  and  it  shall  be  the  duty  of  the 
county  clerk  to  issue  a  commission  to  the  person  so  appointed,  and 
immediately  to  certify  his  name  and  post-office  address  to  the  super- 
intendent of  public  instruction.  Act  Dec.  7,1876,  sec.  42,  as  amended 
by  sec.  1,  act  March  20,  1883. 

Sec.  6184.  Any  appointments  heretofore  made  by  the  county 
courts  for  the  districts  of  such  counties  as  are  mentioned  in  the  pre- 
ceding section  in  which  an  examiner  has  been  appointed  for  each 
district  are  hereby  declared  to  be  legal  and  valid  appointments.  Act 
March  20,  1883,  sec.  2. 

Sec.  6185.  Before  entering  upon  the  duties  of  that  office,  the 
county  examiner  shall  take  and  subscribe  the  oath  prescribed  for 
officers  by  the  constitution  of  this  state,  and  file  such  oath  in  the 
office  of  the  county  clerk. 

Sec.  6186.  It  shall  be  the  duty  of  such  examiner  to  enamine 
and  license  teachers  of  common  schools;  and  he  shall. receive,  as  a 
compensation  for  his  services,  the  sum  of  two  dollars  for  each  ex- 
amination, to  be  paid  by  the  person  applying  for  the  same.  He 
'shall  hold,  quarterly,  at  the  county  seat  of  each  county,  in  a  suitable 
room  to  be  provided  by  the  county  court,  a  public  examination  for 
that  purpose,  and  shall,  previous  to  holding  such  examination,  give 
at  least  twenty  days'  notice  thereof  to  the  directors  of  each  schive 
district  within  the  county,  whose  duty  it  shall  be  to  file  the  original 
notice  in  their  office,  and  post,  without  delay,  copies  of  said  notice 
in  three  or  more  of  the  most  conspicious  places  within  their  district. 


SCHOOLS  AND  SCHOOL  LANDS.  21 

He  shall  conduct  all  examinations  by  written  and  oral  questions  and 
answers,  but  shall  grant  no  certificates  of  qualification  exqept  in  ac- 
cordance with  the  provisions  of  law  respecting  teachers'  certificates. 

Sec.  6187.  He  shall  at  the  time  and  places  appointed  for  hold- 
ing public  examinations,  examine,  in  orthography,  reading,  pen- 
manship, mental  and  written  arithmetic,  English  grammar,  modern 
geography,  history  of  the  United  States,  all  persons  present  and  ap- 
plying for  an  examination,  with  the  intention  of  teaching  ;  and  if 
convinced  that  such  persons  are  of  good  moral  character,  and  are 
competent  to  teach  successfully  the  foregoing  branches,  he  shall  give 
such  persons  certificates  ranking  in  grades  to  correspond  with  the 
relative  qualifications  of  the  applicants,  according  to  the  standard 
adopted  ;  but  he  shall  not  license  any  person  to  teach  who  is  given 
to  profanity,  drunkenness,  gambling,  licentiousness  or  other  de- 
moralizing vices,  or  who  does  not  believe  in  the  existence  of  a 
Supreme  Being;  nor  shall  he  be  required  to  grant  private  examin- 
ations. He  may  cite  to  re-examination  any  person  holding  a  license 
and  under  contract  to  teach  any  free  school  within  his  county,  and 
on  being  satisfied,  by  a  re-examinatioii  or  by  other  means,  that  such 
person  does  not  sustain  a  good  mora]  character,  or  that  he  has  not 
sufficient  learning  and  ability  to  render  him  a  competent  teacher,  he 
may,  for  these  and  other  acjequate  causes,  revoke  the  license  of  such 
person  ;  and,  in  case  of  such  revocation,  he  shall  immediately  give 
notice  thereof  to  such  teacher  and  the  directors,  and  thereby  ter- 
minate the  contract  between  the  said  parties  ;  but  the  wages  of  such 
teachfer  shall  be  paid  for  the  time  he  shall  have  actually  taught,  prior 
to  the  day  on  which  he  received  notice  of  the  revocation  of  his 
license. 

Sec.  6188.  Ke  shall  issue  three  grades  of  certificates,  to  be 
styled,  respectively,  certificates  of  the  first,  and  of  the  second,  and 
of  ihe  third  grades.  Certificates  of  the  first  grade  shall  be  valid,  in 
the  county  for  which  they  were  issued,  for  two  years.  Those  of  the 
second  grade  shall  be  valid,  in  the  county  for  which  they  were  is- 
sued, for  one  year.  Those  of  the  third  grade  shall  be  valid,  in  the 
county,  six  months.  But  he  shall  not  renew  any  certificate  or  grant 
a  license  without  an  examination  of  the  applicant  with  reference 
thereto. 


22  SCHOOLS  AND  SCHOOL  LANDS. 

Sec.  6189.  He  shall  keep  a  record  of  the  age,  name,  sex,  post- 
office  address  and  nativity  of  each  person  licensed  by  him  to  teach, 
and  of  the  date  and  grade  of  his  certificate,  and  ^shall  include  such 
record  in  his  report  to  the  state  superintendent. 

Sec.  6190.  He  shall  encourge  the  inhabitants  to  form  and 
organize  school  districts,  to  establish  public  schools  therein,  under 
qualified  teachers,  to  furnish  suitable  text-books  for  their  children, 
and  to  send  them  to  school.  He  shall  direct  the  attention  of  teach- 
ers and  school  patrons  to  those  methods  of  instruction  that  will  best 
promote  mental  and  moral  culture,  and  to  the  most  feasible  and  im- 
proved plan  for  building  and  ventilating  school-houses.  He  shall 
labor  to  create  among  the  people  an  interest  in  the  public  schools, 
and  shall  take  advantage  of  public  occasions,  such  as  the  dedication 
of  school-houses,  public  examinations  and  institutes,  to  impress  peo- 
ple with  the  importance  of  educating  every  child,  and  consequently 
of  the  duty  of  maintaining  a  system  of  free  schools  established  by 
law.  He  shall  receive  the  reports  of  the  directors,  transmit  an  ab- 
stract of  the  same  to  the  state  superintendent,  and  transmit  there- 
with a  report  of  the  condition  and  prospects  of  the  schools  under  his 
superintendence,  together  with  such  other  information  and  sugfges- 
tions  as  he  may  deem  proper  to  communicate. 

Sec.  6191.  He  shall  annually,  on  or  before  the  twentieth  of  Sep- 
tember, prepare  in  tabular  form  an  abstract  of  the  reports  made  to 
him  by  the  directors  of  the  school  districts  embraced  within  his 
county,  showing  the  number  of  organized  districts  in  his  coijnty  at 
the  commencement  of  the  year,  on  the  first  day  of  July  preceding, 
the  districts  that  have  made  their  annual  reports,  the  number  of  per- 
sons'in  each  district  between  the  ages  of  six  and  twenty-one  years, 
distinguishing  the  sex  and  also  the  color  of  said  persons ;  the  num- 
ber of  said  persons  that  attended  school  during  the  year  ;  the  average 
number  of  males  and  of  females  of  each  color  in  daily  attendance; 
and  the  number  that  pursued  each  of  the  studies  designated  to  be 
taught  in  the  common  schools;  the  number  of  teachers  of  each  sex, 
employed  in  his  county ;  the  average  wages  paid  per  month  to 
teachers  of  each  sex,  according  to  the  grade  of  their  certificate ; 
the    whole    amount  paid  as    teachers'  wages    in  his   county;  the 


SCHOOLS  AND  SCHOOL  LANDS.  23 

number  of  pupils  that  studied  in  his  county,  and  the  several  branches 
taught ;  the  number  of  school  houses  erected  during  the  year  in 
his  county,  material  and  cost  of  the  same ;  the  number  before 
erected,  the  material  used  in  their  construction,  their  condition 
and  value;  the  grounds  of  how  many  inclosed;  the  amount 
of  money  raised  by  tax  in  each  district,  for  what  purpose  raised ; 
the  amounts  that  have  been  expended,  and  foV  what  purposes 
the  amount  of  revenue  received  by  his  county  from  the  com- 
mon school  fund,  and  received  for  the  support  of  schools 
from  each  of  all  other  sources  ;  for  what  purposes  and  in  what  sums 
the  said  revenues  were  expended,  and  what  amounts  unexpended 
were,  at  the  close  of  the  school  year,  in  the  county  treasury  ;  and 
shall  report  also  the  number  of  deaf-mutes,  blind  and  insane  in  each 
school  district  in  his  county,  under  thirty  years  of  age,  their  names 
and  their  post-office. 

Sec.  6192.  He  shall  number  the  several  school  districts  in  his 
county  in  regular  order  from  number  one  upward,  and  shall  keep  in 
his  office  a  record  and  description  of  each  district,  with  the  bound- 
aries clearly  defined,  and  also  a  record  of  such  changes  or  alterations 
in  the  boundaries  of  each  as  shall  from  time  to  time  be  made. 

Sec.  6193.  He  shall  have  power  to  appoint  some  suitable  person 
to  hold  teachers'  instilutes  and  examine  teachers  in  his  county,  in 
case  of  his  inability  to  attend  such  institutas  and  examinations. 

Sec.  6194.  The  now  acting  county  superintendents  shall,  im- 
mediately After  the  county  courts  shall  have  appointed  the 
county  examiners,  deliver  to  said  examiners  all  books,  papers* 
records  and  other  property  now  in  their  possession  by  virtue  of 
their  offices  belonging  to  the  state,  and  shall  take  receipts  for 
the  same;  and  the  office  of  county  superintendent  is  hereby 
abolished.     Act  Dec,  7,  1875,  sees.  43-52. 

Sec:  6195.  If  any  county  examiner  shall  be  found  incom- 
petent, or  shall  be  frequently  neglectful  of  his  duty,  upon  satis- 
factory proof,  the  county  judge  shall  remove  him  from  office  and 
shall  immediately  appoint  his  successor.  Act  March  11,  1881, 
sec.  7. 

Sec.  6196.     If  any  county  examiner  shall  neglect,  fail  or  re- 


24  SCHOOLS  A^D  SCHOOL  LANDS. 

fuse  to  perform  any  of  the  duties  required  of  Lini  in  section 
6191,  and  shall  not  forward  the  abstract  mentioned  in  said  sec- 
tion to  the  superintendent  of  public  instruction  on  or  before  the 
twentieth  day  of  September  of  each  year,  he  shall  forfeit  to  the 
county  the  sum  of  twenty-five  dollars,  to  be  recovered  as  in 
this  act  provided,  together  with  all  costs,  and  be  paid  into  the 
county  treasury.'   Act  March  11,  1881,  sec.  11. 

ANNUAL    SCHOOL    MBETINli. 

Sec.  6197.  The  electors  of  each  organized  school  district  in 
this  state  shall  annually,  on  the  third  Saturday  in  May,  at  two 
o'clock  p.  M.,  hold  a  public  meeting,  to  be  designated  *'  The  an- 
nual school  meeting  of  the  district."  Act  Dec,  7,  1875,  sec.  54, 
as  amended  by  act  March  11,  1881. 

Sec.  6198.  All  persons  qualified  to  vote  for  county  and  state 
officers  at  the  general  election  shall  be  deemed  qualified  electors 
of  the  school  district  in  which  they  reside,  and  shall  have  the 
privilege  of  voting  at  all  school  meetings. 

Sec.  6199.  The  electors  of  every  school  district  shall,  when 
lawfully  assembled  in  annual  district  school  meeting,  with  not 
less  than  five  electors  present,  have  the  power,  by  a  majority  of 
the  votes  cast  at  such  meeting,  first  to  choose  a  chairman ;  sec- 
ond, to  adjourn  from  time  to  time ;  third,  to  appoint,  when  nec- 
essary, in  the  absence  of  the  directors  of  the  district,  a  clerk 
pro  tern.;  fourth,  to  elect  a  director  for  the  district  Tor  the  next 
three  school  years,  who  can  read  and  write ;  fifth,  to  designate  a 
site  for  a  school-house ;  sixth,  to  determine  the  length  of  time 
dviring  which  a  school  shall  be  taught  more  than  three  months 
in  a  year;  seventh,  to  determine  what  amount  of  money  shall 
be  raised  by  tax  on  the  taxable  property  of  the  district  suffi- 
cient, with  the  public  school  revenues  apportioned  to  the 
district,  to  defray  the  expenses  of  a  school  for  three  months,  or 
for  any  greater  length  of  time  they  may  decide  to  have  a  school 
taught  during  the  year;  provided,  that  no  tax  for  purposes 
aforesaiii  greater  than  one-half  of  one  per  cent,  on  the  assessed 
value  of  the   taxable   property  of  the  district   shall  be  levied/ 


SCHOOLS  AND  SCHOOL  LANDS.  25 

and 2)rovl(lc(l,  further,  that  they  may,  if  sufficient  revenue  can  not 
be  raised  to  sustain  a  school  for  three  months  in  any  one  year, 
determine  by  ballot  that  no  school  shall  be  taught  during  such 
year,  in  which  case  the  revenue  belonging  to  such  district  shall 
remain  in  the  treasury  to  the  credit  of  such  school  district; 
eighth,  to  repeal  and  modify  their  })roceedings  from  time  to 
time. 

Sec.  6200.  The  annual  district  election  shall  be  held  by  the 
school  directors  as  judges,  who  shall  have  power  to  appoint  two 
clerks;  and  it  any  of  the  directors  should  not  attend,  the  as- 
sembled voters  may  choose  judges  in  the  place  of  those  not  at- 
tending, and  the  judges  and  clerks  shall  take  the  oath  pre- 
scribed b}'  the  general  election  law. 

Sec.  6201.  The  ballot  of  the  voter  shall,  in  addition  to  the  name 
of  the  persons  voted  for  as  directors,  have  written  or  printed 
on  it  the  words  "  for  tax,''  or  "  against  tax,"  and  also  the  amount 
of  tax  the  voter  desires  levied. 

Sec.  6202.  When  the  polls  are  closed  ('^),  the  judges  shall 
proceed  to  count  the  votes,  ascertain  the  result  and  make  re- 
turn thereof  to  the  county  court,  shov/ing  the  number  of  votes 
cast  for  each  person  voted  for  school  director,  also  the  num- 
ber cast  for  and  against  tax,  and  the  number  of  votes  cast  for 
each  amount  or  rate  of  tax  voted  for  (a);  such  return,  together 
with  the  ballots,  shall  be  sealed  up  and  delivered  by  one  of  the 
judges  to  the'county  clerk,  at  least  ten  da3^s  before  the  meeting 
of  the  county  court  for  levying  taxes. 

Sec.  6203.  The  county  court,  at  its  eaid  meeting  for  levying 
taxes,  shall  open  the  return  and  ascertain  whether  a  majority  of 
the  votes  cast  be  for  tax ;  and  if  a  tax  has  been  voted,  then  the 
court  shall  determine  the  amount  of  taxes  voted  by  taking  the 
largest  amount  or  rate  of  taxation  voted  for  by  a  majority  of 
the  voters,  which  shall  be  levied  and  collected  by  the  district  so 

(*)  As  to  time  for  opening  and  closing  the  polls,  see  Holland  v.  Davics'  36—44(5. 

(a)  Unless  the  judges  make  return  of  the  election  or  vote  to  the  county  court,  it  can  not  lery  the 
tax.  Hodgkin  V.  Fry,  33—716.  The  omission  of  the  judges  to  state  in  their  return  the  number  of 
votes  cast  for  and  against  the  proposed  tax  will  not  defeat  a  levy  adopted  by  the  meeting.  Holland 
V.  Dalies,  36— 44G.    As  to  other  irregularitiA,  see  same  case  and  Rogers  v.  Kerr,  42- -100, 


26  SCHOOLS  AND  SCHOOL  LANDS. 

voting;  and  if  no  rate  shall  have  received  such  majority,  then  all 
the  votes  cast  for  the  highest  rate  shall  be  counted  for  the  next 
highest,  and  so  on,  till  some  rate  voted  shall  receive  a  majority 
of  all  the  votes  cast.  In  other  respects  the  election  shall  be 
held  according  to  the  general  election  law.  Act  Dee.  7,  1875, 
sees.  55  and  56. 

Sec.  6204.  All  taxes  voted  for  school  purposes  by  any  school 
district  shall  be  levied  by  the  county  court  at  the  same  time  the 
county  taxes  are  levied,  and  shall  be  collected  in  the  same  man- 
ner as  the  county  taxes  are  collected,  at  the  same  time  and  by 
the  same  person,  and  be  paid  into  the  county  treasury,  there  to  be 
kept  subject  to  disbursement  on  the  warrant  of  the  school  di- 
rectors ;  provided,  that  no  tax  for  the  purposes  aforesaid  greater 
than  one-half  of  one  per  cent,  on  the  assessed  value  of  the  tax- 
able property  of  the  district  shall  be  levied,  which  shall  be  done 
by  ballot  (aa).     Aet  Dee.  7,  1875,  sec.  41. 

SCHOOL   DIRECTORS. 

Sec.  6205.  At  the  annual  school  meeting,  held  on  the  third 
Saturday  in  May,  there  shall  be  elected,  by  the  legal  voters  in 
each  school  district,  a  director,  who  shall  hold  his  office  for  the 
term  of  three  years  from  October  fifteenth  next  ensuing,  and 
until  his  successor  shall  have  been  elected  and  have  qualified. 
Provided,  that  at  the  first  annual  school  meeting  of  the  district 
after  the  passage  of  this  act,  three  school  directors  shall  be 
elected,  to  hold  office  one,  two  and  three  years,  respectively  ; 
and  provided,  further y  that  when  a  new  school  district  shall  have 
been  formed  under  the  provisions  of  this  act,  three  directors 
shall  be  immediately  elected  by  the  electors  of  the  new  district, 
and  shall  hold  their  office  for  one,  two  and  three  years,  respec- 
tively, and  until  their  successors  are  elected  and  qualified  as 
herein  provided  for.  Aet  Dec.  7,  1875,  see.  57,  as  amended  by  ac^ 
March  11,  1881,  sec.  2. 

(aa)  The  county  court  has  no  power  to  levy  a  school  tax  independent  of  action  on  the  part  of  the 
electors  of  each  school  district  for  which  the  tax  is  levied  ;  it  can  only  cause  to  be  placed  on  the 
tax  books  and  collected  such  rates  as  are  reported  from  the  districts.  An  excessive  levy  vitiates  the 
whole  tax.  Worihen  v.  Badgett,  32—496.  See  Cairo  &  Fulton  R.  R.  Co.  v.  Parks,  lb.,  131;  Rogers  v. 
Kerr,  42-100.  ^ 


r 


IVERSr  I  Y 

or 


SCHOOLS  AND  SCHOOL  LANDS.  27 

Sec.  6206.  Any  person  elected  and  accepting  the  position  of 
director  of  a  school  district  shall,  within  ten  days  after  having 
been  notified  of  his  election,  file  his  acceptance  with  bis  prede- 
cessor at  the  time  in  office,  and  shall,  Avithin  ten  days  after  the 
fifteenth  of  October,  take  and  subscribe,  before  a  justice  of  the 
peace  or  other  competent  officer,  the  oath  prescribed  for  officers 
by  the  constitution  of  this  state,  and  shall  file  the  said  oath  in 
the  oflice  of  the  clerk  of  the  county  in  which  he  resides.  Act 
Dec.  7,  1875,  sec.  58. 

Sec.  6207.  An  old  director  shall,  upon  application  of  an  in- 
coming director,  administer  to  him  the  oath  of  office.  Act  March 
11,  1881,  sec.  5. 

Sec.  6208.  Any  person  who  shall  have  been  elected  or  ap- 
pointed a  director,  and  shall  neglecc  or  refuse  to  qualify  and 
serve  as  such,  shall  forfeit  to  his  district  the  sum  of  ten  dollars, 
which  may  be  recovered  by  action  against  him  at  the  instance 
of  any  elector  in  the  district,  and  which,  when  collected,  shall 
be  paid  into  the  county  treasury  by  the  officer  before  whom  the 
action  was  maintained,  and  added,  by  the  treasurer,  to  the  school 
fund  revenues  appropriated  to  the  district. 

Sec.  6209.  Any  director  who  shall  neglect  or  fail  to  perform 
any  duties  of  his  office  shall  forfeit  to  his  district  the  sum  of 
twenty-five  dollars,  to  be  recovered  as  directed  in  the  preceding 
section,  and  to  add  in  like  manner  to  the  school  fund  revenues 
apportioned  to  his  district. 

Sec.  6210.  If  the  office  of  any  director  in  a  district  becomes 
vacant,  the  electors  of  said  district  shall,  in  a, district  meeting 
assembled,  within  fifteen  days  after  the  occurrence  of  such  va- 
cancy, elect  a  director  to  serve  the  remainder  of  the  unexpired 
term  ;  but  if  the  district  in  which  such  vacancy  occurs  neglect 
or  fail  to  elect  a  director  to  fill  such  vacancy,  then  the  county 
court  shall  appoint  from  the  electors  of  said  district  a  director  to 
serve  the  remainder  of  the  term. 

Sec.  6211.  The  trustees  of  the  several  school  districts  in  each 
county  in  the  state  shall  hold  office  and  perform  the  duties  re- 
quired of  boards  of  directors  in  this  act  until  their  successors  are 


28  SCHOOLS  AND  SCHOOL  LAND8. 

elected  and  qualified  in  regular  manner,  according  to  the  pro- 
visions of  this  act. 

Sec.  6212.  The  said  board  shall  make  provision  for  estab- 
lishing separate  schools  for  white  and  colored  children  and 
youths,  and  shall  adopt  such  other  measures  as  they  may  judge 
expedient  for  carrying  the  free  school  system  into  effectual  and 
uniform  operation  throughout  the  state,  and  providing,  as  nearly 
as  possible,  for  the  education  of  every  youth. 

Sec.  6213.  The  directors  shall  have  charge  of  the  school  af- 
fairs and  of  the  school  educational  interests  of  their  districts, 
and  shall  have  the  care  and  custody  of  the  school-houses  and 
grounds,  the  books,  records,  papers  and  other  property  belong- 
ing to  the  district,  and  shall  carefully  preserve  the  same,  pre- 
venting waste  and  damage;  and  shall  purchase  or  lease,  in  the 
corporate  name  of  the  district,  such  school-house  site  as  may  be 
designated  by  a  majority  of  the  legal  voters  at  the  district  meet- 
ing; shall  hire,  purchase  or  build  a  school-house  with  funds  pro- 
vided by  the  district  for  that  purpose  ;  and  may  sell  or  exchange 
such  site  or  school-house,  when  so  directed  by  a  majority  of  the 
electors  of  any  legal  meeting  of  the  district. 

Sec.  6214.  They  shall  hire,  for  and  in  the  name  of  the  dis- 
trict, such  teachers  as  have  been  licensed  according  to  law,  and 
shall  make  with  such  teachers  a  written  contract,  specifj'ing'the 
time  for  which  the  teacher  is  to  be  employed,  the  wages  to  be 
paid  per  month,  and  any  other  agreement  entered  into  by  the 
contracting  parties,  and  shall  furnish  the  teachers  with  a  dupli- 
cate of  such  contract,  and  keep  the  original;  and  they  shall  em- 
ploy no  person  to  teach  in  any  common  school  of  their  district 
unless  such  person  shall  hold,  at  the  time  of  commencing  his 
school,  a  certificate  and  license  to  teach,  granted  by  the  county 
examiner  or  state  superintendent. 

Sec.  6215.  The  term  ''month,"  wherever  it  occurs  in  any 
section  of  this  act,  shall  be  construed  to  mean  twenty  days,  or 
four  weeks  of  five  days  each.     Act  Bee.  7,  1875,  sees.  58-62. 

Sec.  6216.  The  directors  of  each  school  district  in  this  state 
shall  adopt  and  cause  to  be  used  in  the  public    schools,  in  their 


SCHOOLS  AND  SCHOOL  LANDS.  29 

respective  distriqts,  one  series  of  text-books  in  each  branch  or 
science  taught  in  the  public  schools  of  their  respective  districts, 
and  no  change  in  these  books  shall  be  made  for  a  period  of  tliree 
years,  unless  it  be  by  a  petition  of  a  majority  of  the  voters  of 
the  district  desiring  the  change.     Act  March  1 1,  1881,  sec.  2. 

Sec.  6217.  They  shall  procure  from  the.  county  examiner, 
and  furnish  the  teacher  at  the  commencement  of  the  term,  a 
register  for  his  school,  and  require  the  said  teacher  to  report,  in 
the  said  register,  at  the  close  of  the  school  term,  the  number  of 
days  of  the  said  term,  the  name  and  age  of  each  pupil,  the  date 
on  which  each  entered  the  school,  the  separate  days  on  which  each 
attended,  the  whole  number  of  days  each  attended,  the  studies 
each  pursued,  the  total  number  of  days  all  pupils  attended,  the 
average  daily  attendance  and  the  number  of  visits  received  from 
the  directors  during  the  said  term.     Act  Dec.  7,  1875, sec.  63. 

Sec.  6218.  They  shall  visit  the  schools  at  least  once  each 
term,  and  encourage  the  pupils  in  their  studies,  and  give  such 
advice  to  the  teacher  as  may  be  for  the  benefit  of  teacher  and 
])upils. 

Sec.  6219.  They  shall  submit  to  the  district,  at  the  annual 
meeting,  an  estimate  of  the  expenses  of  the  district  for  that  year, 
including  the  expenses  of  a  school  for  the  term  of  three  months 
for  the  next  year,  after  deducting  the  probal)le  amount  of  school 
moneys  to  be  apportioned  to  the  district  for  that  school  year, 
and  shall  also  submit  an  estimate  of  the  expenses  per  month  of 
continuing  the  school  beyond  the  term  of  three  months,  and  of 
whatever  else  may  be  necessary  for  the  comfort  arid  advance- 
ment of  the  said  school. 

Sec.  6220.  They  shall,  in  all  suits  and  action  at  law  brought 
by  or  against  their  district,  appear  for  and  in  behalf  of  said  dis- 
trict. Provided,  that  they  shall  have  no  other  directions  or  in- 
structions by  a  lawful  meeting  of  the  electors  of  their  district. 

Sec.  6221.  They  shall  draw  orders  on  the  treasurer  of  the 
county  for  the  payment  of  wages  due  teachers,  or  for  any  lawful 
purpose,  and  they  shall  state  in  every  such  order  the  services  or 
consideration  for  which  the  order  is  drawn,  and  the  name  of  the 


30  SCHOOLS  AND  SCHOOL  LANDS. 

person  rendering  such  service ;  but  they  shall  not  draw  any  order 
on  the  county  treasurer  for  the  payment  of  the  wages  of  any 
teacher  not  licensed. 

Sec.  6222.  When  the  warrant  of  any  board  of  directors, 
properly  drawn,  is  presented  to  the  treasurer  of  the  proper 
county,  he  shall  pay  the  same  out  of  any  funds  in  his  hands  for 
that  purpose  belonging  to  the  district  specified  in  said  warrant. 

Sec.  6223.  The  directors  shall  give  notice  of  each  annual 
meeting,  by  posting  notices  thereof,  at  least  fifteen  days  previous 
to  such  meeting,  in  three  or  more  conspicuous  places  within  the 
district  (b)  ;  but  it  shall  not  be  lawful  for  a  district,  at  an}^  an- 
nual meeting,  to  fix  a  site  for  ^  school-house,  or  to  raise  money 
for  building  or  purchasing  a  school-house,  unless  the  directors 
shall  have  particularly  set  forth  in  the  previous  notice  given  of 
such  meeting  that  these  matters  were  to  be  submitted  tor  their 
consideration  and  action. 

Sec.  6224.  One  of  the  directors  shall  act  as  clerk  at  all  dis- 
trict meetings,  shall  keep  a  record  of  the  proceedings  thereof  in 
a  book  provided  for  that  purpose,  or,  if  absent,  shall  transcribe 
into  said  book  the  minutes  kept  by  the  clerk  pro  tempore,  and 
signed  by  the  chairman,  as  so  much  of  the  authenticated  records 
of  the  district ;  and  he  shall  enter  on  the  said  book  copies  of^all 
his  reports  to  the  county  clerk  and  the  county  examiner. 

Sec.  6225.  He  shall  keep,  in  a  book  provided  for  that  pur- 
pose, the  accounts  of  the  district,  by  debits  and  credits,  includ- 
ing the  accQunts  with  the  county  treasurer,  and  shall  present  the 
same  to  each  annual  meeting,  showing  the  current  expenses  for 
the  year,  for  school-houses,  out-buildings,  fences  with  which  to 
inclose  a  school-house  site,  for  stoves,  wood,  maps,  charts,  black- 
boards, a  dictionary,  and  other  necessaries  for  a  school,  and 
stating  the  number  of  days  the  directors  have  been  necessarily 
employed  in  the  performance  of  their  duties  as  directors;  the. 

(b)  It  is  the  duty  of  the  directors  to  designate  the  place  of  the  auuual  meeting,  and  notice  of  the 
time  and  place  is  essential  to  the  validity  of  a  tax  voted  at  such  meeting.  But  the  statute  desig- 
nates the  time,  and  all  are  bound  to  take  notice  of  it.  If  notice  of  the  place  be  given,  the  meeting 
will  be  legal,  though  the  lime  be  not  specified  in  the  n»tice.  Ilodgkin  v.  Fnj,  33 — 716.  A  notice 
given  by  two  of  the  directors  is  sufficient.    Holland  v.  Davies,  36— 44(>, 


SCHOOLS  AND  SCHOOL  LANDS.  31 

date  of  each  order  drawn  by  them  on  the  county  treasurer,  and 
for  what  services  or  consideration,  for  what^  amounts  and  in 
whose  favor,  exhibiting  vouchers  therefor ;  a  statement  of  the 
indebtedness  of  the  district,  and  also  of  the  surplus  moneys,  if 
any,  in  the  county  treasury  belonging  to  the  district  at  the  com- 
mencement of  the  year;  the  amount  of  taxes  levied  on  the  dis- 
trict for  school  purposes  within  the  year;  the  different  purposes 
for  which  said  taxes  were  levied,  and  the  amount  levied  for  each 
"purpose.  Jf,  on  examination,  the  report  be  found  correct,  the 
chairman  of  the  meeting  shall  approve  the  same,  and  order  that 
it  be  filed  with  the  records  of  the  district. 

Sec.  6226.  The  directors  shall,  within  ten  days  after  any 
school  meeting,  report  to  the  clerk  of  the  county  so  much  ofthe 
proceedings  of  said  meeting  as  pertains  to  the  election  of  offi- 
cers; and  they  shall,  on  or  before  the  first  day  of  October  in 
each  year,  furnish  to  the  clerk  so  much,  ofthe  copy  of  their 
record,  attested  by  the  chairman  of  the  meeting,  as  shows  the 
amount  of  money  voted  to  be  raised  by  the  district, /or  school 
purposes,  at  the  annual  meeting. 

Sec.  6227..  They  shall,  annually,  between  the  first  and  tenth 
days  of  September,  transmit,  verified  by  their  affidavit,  to  the 
county  examiner,  a  written  report,  in  proper  form,  of  the  name 
of  their  county ;  of  the  number  of  their  district ;  the  names  and 
ages  of  all  persons,  between  the  ages  of  six  and  twenty-one  years, 
residing  in  their  district  on  the  first  day  of  September;  the  number 
of  males  and  females,  respectively,  of  each  color,  that  attended  the 
common  schools  during  the  last  school  year;  the  average  number  of 
each  sex  that  attended  daily  ;  the  number  that  pursued  each  ofthe 
studies  designated  to  be  taught  in  the  common  schools  of  this  state ; 
the  number  of  times  the  school  was  visited  each  term  by  the  direc- 
tors; the  number  orf  days  that  school  was  taught  during  the  year  by 
a  licensed  teacher ;  the  name  of  each  teacher ;  the  grade  of  his  cer- 
tificate ;  the  wages  paid  each  teacher  per  month,  and  the  whole 
amount  of  wages  paid  teachers  during  the  year.  They  shall  include 
in  their  report  the  amount  of  taxes  voted  by  the  district  during  the 
last  school  year,  lor  what  purpose  voted,  and   the  amount   voted  for 


32  SCHOOLS  ANB  SCHOOL  LANDS. 

each  purpose;  the  amount  drawn  from  the  county  treasurer  for  each 
])urpose  for  which  money  was  raised  by  district  tax  the  j)revious 
year;  the  amount  of  revenues  received  from  the  common  school 
fund,  and  the  amount  received  from  each  of  the  various  other 
sources  from  which  school  revenues  are  derived ;  the  amount  of  each 
kind  of  revenue  remaining  in  the  county  treasury  and  subject  to  the 
order  of  the  district;  the  number  of  school-houses  erected  during^ 
the  year,  and  the  cost  and  material  of  each;  the  number,  the  ma- 
terial, the  condition  and  value  of  those  before  erected,  and  the  value 
of  all  other  property  belonging  to  the  district;  the  condition  of  the 
school-house  grounds,  and  whether  the  said  grounds  are  inclosed ; 
also,  name,  age  and  post-office  of  deaf,  dumb,  blind  and  insane  in 
each  district,  including  all  who  are  blind  or  deaf  to  such  an  extent 
as  not  to  be  educated  in  common  schools  :  and  they  shall  record  the 
.  said  report  in  the  proper  place  in  the  district  book  in  which  the  cur- 
rent record  of  the  proceedings  of  the  district  is  kept. 

Sec.  6228.  If  the  directors  of  any  district  fail  or  neglect  to  make 
a  report  of  the  enumeration,  statistics  and  finances  of  their  district 
at  the  time  and  in  the  marnner  prescribed  in  the  preceding  section, 
the  said  directors,  in  addition  to  thair  forfeiture  for  neglect  of  duty, 
shall  severally  be  liable  for  any  damagps,  including  the  costs  of  tho 
suit,  that  the  district  may  sustain  by  reason  of  losing  the  school 
revenues  that  would  otherwise  have  been  apportioned  to  them. 

Sec.  6229.  They  shall  at  the  close  of  the  school  year,  settle  with 
the  county  treasurer,  and  ascertain  what  moneys,  if  any,  to  which 
their  district  may  be  entitled,  and  the  amounts,  severally,  thereof 
that  are  in  the  county  treasury  and  subject  to  be  drawn  by  their  dis- 
trict.    Ih,,  sees.  G4-75. 

Sec.  6230.  The  directors  of  any  school  district  may,  at  the  in- 
stance of  the  teacher,  suspend  from  the, school  any  pupil  for  gross 
immorality,  refractory  conduct  or  insubordinatfon,  or  for  infectious 
disease.  Provided,  that  such  suspension  shall  not  extend  beyond  the 
current  term. 

Sec.  6231.  They  may  permit  older  persons  tc  attend  the  school 
under  such  regulations  as  they  may  deem  proper. 

Sec.  6232.     The  county  court  shall  have  power,  upon  the  petition 


SCHOOLS  AND  SCHOOL  LANDS.  38 

of  any  person  residing  in  a  particular  school  district,  to  transfer  the 
child,  children  or  wards  of  such  person,  for  educational  purposes,  to 
an  adjoining  district  in  the  same  county,  or  to  an  adjoining  d«strict 
in  an  adjoining  county,  and  shall  at  once  notify  the  county  examiner 
of  the  county  or  counties  and  the  directors  of  both  districts^ 

Sec.  6233.  The  directors  of  the  district  to  which  such  chiUlren 
have  been  transferred,  at  the  time  of  taking  the  enumeration,  shall 
include  such  children  in  the  district  to  which  they  have  been  trans- 
ferred, and  they  shall  not  be  enumerated  in  the  district  where  they 
reside.  The  district  school  tax  of  such  person  shall  be  added  to  the 
school  revenues  of  the  district  to  which  he  has  been  transferred,  and 
shall  not  be  included  in  the  school  revenues  of  the  district  where  he 
resides. 

Sec.  6234.  Any  person  who  transfeiuJiiiSJSiSBhfe^^children  or 
wards  and  property  to  any  district,  fo:^^(^rrmfl  purwjses,  shall 
have  the  same  right  to  vote  in  saiJcT^frict  for  ddiaQors  and  tax  as 
other  electors  have  of  the  distpct  to^^hfth  he  is  s^iansferred^ 
\Yhere  such  person  is  transferrer  to  a  mstrict  out  oi'nK^unty,  the 
county  treasurer  of  the  county,  vv^^gij^iB  hftB{<l!Jtf^&^  open  an  ac- 
count with  the  district  to  which  h?^^teia»aS^m?d,  and  his  schobl 
taxes  shall  be  credited  to  the  same  and  paid  on  the  warrants  of  the 
directors  of  the  district  to  which  he  is  transferred.  Provided^ 
further,  any  person  transferring  liis  property  and  children  to  an 
adjoining  school  district,  for  educational  purposes,  shall  not 
have  the  right  to  vote  for  directors  or  tax  out  of  his  county,  and 
to  vote  only  in  the  political  township  in  which  he  resides.  76., 
sec.  76,  as  amended  by  act  March  30,  1883,  sec.  1. 

Sec.  6235.  The  directors  may  permit  a  private  school  to  be 
taught  in  the  district  school-house  during  such  time  as  the  said 
house  is  not  occupied  by  a  public  school,  unless  they  be  other- 
wise directed  by  a  majority  of  the  legal   voters  of  the  district. 

Sec.  6286.  They  shall  cause  the  public  schools  in  their  dis- 
trict to  be  closed  on  the  days  appointed  for  public  examination 
of  teachers  in  their  county,  and  also  cause  the  said  school  to  be 
closed  during  the  session  of  the  teachers'  institute. 

Sec.  6237.    Directors  and  county  examiners  shall  be  exempt 
S3 


34  SCHOOLS  AISTD  SCHOOL  LANDS. 

from  working  on  roads  and  public  highways,  and  from  serving 
on  juries,  during  their  term  of  office.     Ib.^  sees.  77-79. 

Sec.  6238.  Any  director  or  other  person  whose  duty  it  niay 
become  to  report  to  the  county  court  the  per  cent,  of  tax  levied 
by  any  school  district  at  an  annual  meeting,  and  who  shall  neg- 
lect or  refuse  to  do  so  in  the  manner  and  at  the  time  provided 
by  law,  shall  be  liable  for  all  loss  which  may  be  sustained  by 
such  failure  and  for  all  costs,  and  shall  be  fined  not  less  than 
ten  nor  more  than  fifty  dollars. 

Sec.  6239.  Within  fifteen  days  after  any  special  tax  shall  be 
voted  by  a  school  district  at  an  annual  meeting,  it  shall  be  the 
duty  of  the  directors  to  furnish  the  county  clerk  with  a  certified 
list  of  all  persons  owning  property  in  the  district  liable  to  pay 
such  special  tax. 

Sec.  6240.  Any  person  whose  duty  it  is  to  execute  sections 
6216,  6239  or  6254,  and  who  shall  fail  to  do  so,  shall  be  fined 
not  less  than  ten  nor  more  than  fifty  dollars,  and  the  same  shall 
be  paid  into  the  county  treasury.  Act  March  11,  1881,  sees.  1,  3 
and  9. 

TEACHERS. 

Sec.  6241.  Any  person  who  shall  teach  in  a  common  school 
in  this  state,  without  a  certificate  of  his  qualification  and  his 
license  to  teach,  shall  not  be  entitled  to  receive  for  such  services 
any  compensation  from  revenues  raised  by  tax  or  in  anywise 
appropriated  for  the  support  of  common  schools ;  provided,  that 
if  his  license  expire  by  limitation  during  any  school,  such  ex- 
piration shall  not  have  the  effect  to  interrupt  his  school,  or  to 
debar  his  claim  against  school  revenues  for  the  payment  of 
teachers'  wages. 

Sec.  6242.  Every  teacher  shall  keep  a  daily  register  of  his 
school  in  the  manner  prescribed  by  law,  and  indicated  by  the 
blank  school  Register  to  be  furnished  by  the  director  at  the  com- 
mencement of  his  school. 

Sec.  6243.  it  shall  be  the  duty  of  each  and  every  teacher  to 
attend  the  public  examination  for  teachers,  to  become  members 


SCHOOLS  AND  SCHOOL  LANDS,  35 

and  attend  the  regular  session  of  the  teachers'  institute  as  soon 
as  the  same  shall  have  been  established ;  and  no  teacher,  when 
attending  examination  or  the  institute,  shall  be  charged  for  losi 
of  time  while  necessarily  absent  from  his  school  to  attend  such 
examination  or  institute. 

Sec.  6244.  No  teacher  employed  in  any  of  the  common  schools 
shall  permit  sectarian  books  to  be  used  as  a  reading  or  text- 
book in  the  school  under  his  care. 

Sec.  6245.  Any  teacher  who  shall  have  complied  with  the 
provisions  of  this  act  shall  be  paid  from  the  first  money  re- 
ceived into  the  county  treasury  to  the  credit  of  the  district ;  and 
his  claim  shall  not  be  superseded  by  any  subsequent  claim  (f); 
and  no  money  in  the  county  treasury  belonging  to  any  district 
shall,  so  long  as  there  is  an}'  such  claim  filed  against  the  said 
district,  be  applied  to  any  purposes  whatever  other  than  the 
payment  of  teachers'  wages.     Act  Dec.  7,  1875,  sees.  80-84. 

Sec.  6246.  No  teacher  shall  be  entitled  to  the  last  month's 
pay  for  any  school  taught  by  him  until  he  shall  have  returned 
to  the  directors  of  the  district  in  which  such  school  was  taught 
the  daily  register  furnished  him,  with  all  statistical  work  which 
teachers  are  by  law  required  to  perform,  perfected  and  complete 
and  no  director  shall  otherwise  issue  an  order  for-  ittck  last 
month's  pay.     Act  March  11, 1881,  sec.  4. 

TRESPASS  ON  SCHOOL-HOUSES,  ETC. 

Sec.  6247.  Any  person  who  shall  willfully  destroy  or  injure 
any  building  used  as  a  school-house,  or  for  other  educational 
purposes,  or  any  furniture,  fixtures  or  apparatus  thereto  belong- 
ing, or  who  shall  deface,  mar  or  disfigure  any  such  building , 
furniture  or  fixtures,  by  writing,  cutting,  painting  or  pasting 
thereon  any  likeness,  figure,  words,  or  device,  without  the  con- 
sent of  the  teacher  or  other  person  having  control  of  such 
house,  furniture  or  fixtures,  shall  be  fined  in  a  sum  double  the 
value  of  any  such  building,  furniture,  fixtures  or  apparatus  sa 
destroyed,  and  shall  be  fined  in  a  sum  not  less  than  ten  nor  more 

(t)  See  Sec.  6251. 


36  SCHOOLS  Al!tD  SCHOOL  LANDS. 

than  fifty  dollars  for  each  offense  for  writing,  painting,  cutting 
or  pasting  in  any  such  building,  furniture  or  fixtures  any  such 
words,  figures,  likeness  or  device,  to  be  recovered  by  civil  action 
in  any  court  of  competent  jurisdiction ;  and  the  punishment 
provided  in  this  section  is  in  addition  to,  and  not  in  lieu  of,  the 
punishment  provided  by  the  statutes  for  such  offenses  (*).  Act 
Dec.  7,  1875,  sec.  86. 

SCHOOL  WAKRANTS — DISBUESEMEI^T  OF  FUNDS,  ETC. 

Sec.  6248.  It  shall  be  unlawful  for  county  collectors  and  treas- 
urers to  purchase,  or  otherwise  be  the  owners  of  or  interested,  di- 
rectly or  indirectly,  in,  any  school  warrant  issued  by  any  school 
directoi:  of  the  county  in  which  they  reside. 

Sec.  6249.  The  district  school  tax  in  each  county  may  be  pay- 
able and  receivable  in  the  warrants  drawn  by  the  directors  of  the 
school  district  in  which  a  school  tax  may  be  levied  by  the  county 
court. 

Sec.  6250.  It  shall  be  the  duty  of  the  county  treasurer  of  each 
county  to  keep  in  his  office  a  suitable  and  well-bound  bdok,  in 
which  he  shall  register  by  number  and  in  the  order  of  presentation 
all  district  school  warrants  that  may  be  presented  to  him ;  this  regis- 
tration to  be  made  before  the  warrant  is  paid,  and  it  shall  show  the 
date  of  the  presentation  of  the  warrant,  by  whom  drawn,  on  what 
district,  and  in  whose  favor,  and  for  what  purpose  drawn,  the 
amount  and  date  of  the  warrant,  date  of  payment,  and  to  whom 
paid ;  and  said  book  shall  at  all  times  be  subject  to  the  inspection  of 
any  tax-payer. 

Sec.  6251.  It  shall  be  the  duty  of  the  county  treasurers,  imme- 
diately upon  the  receipt  by  them  of  any  school  funds,  to  give  notice 
of  the  amount  and  kinds  of  funds  received,  and  from  what  sources 
received,  by  written  or  printed  notices  put  up  in  two  public  places 
in  each  and  every  school  district  and  at  the  court-house  door,  and 
the  funds  so  received  shall  be  paid  out  pro  rata  on  the  warrants 
registered  in  accordance  with  the  provisions  of  the  preceding  sec- 
tion (t);  provided,  that  application  for  such  payment  is  made  within 
thirty  days  from  the  giving  of  the  notice  herein  required. 

(*)  For  an  offense  committed  by  insulting  a  teacher  in  the  presence  of  his  pupils,  see  Sec.  1807, 
(t)  See  Sec.  6176. 


SCHOOLS  AND  SCHOOL  LANDS.  37 

Sec  6252.  Any  officer  failing  to  comply  with  the  reqirements  of 
this  act,  for  each  and  every  offense,  shall  be  subject  to  indictment, 
and,  if  found  guilty,  shall  be  punished  by  a  fine  of  not  less  than  five 
hundred  dollars  and  by  confinement  in  the  penitentiary  of  the  state 
for  a  period  not  less  than  three  nor  more  than  twelve  months. 

Sec.  6253.     Any  director  who  shall  fraudulently  issue  any  school 
warrant  shall    be  guilty  of  a   misdemeanor,    and,    upon  conviction, 
•     s  hall  be  subject  to  the  penalties  enumerated  in  the  preceding  section. 
Act  May  27,  1874. 

Sec.  6254.  The  county  treasurer  shall,  on  or  before  the  first  day 
of  September  each  year,  forward  to  the  superintendent  of  public  in- 
struction a  certified  statement  showing  the  amount,  in  kind,  of  pub- 
lic school  funds  received  by  him ;  from  what  sources  they  were  re- 
•  ceived  ;  how  and  for  what  purposes  they  have  been  disbursed,  and 
what  amount,  in  kind,  remains  in  the  treasury.  Act  March  11,  1881, 
sec.  8. 

Sec.  6255.  The  order  of  any  board  of  directors,  properly  drawn 
after  the  passage  of  this  act,  other  than  those  of  single  school  dis- 
tricts in  cities  and  towns,  shall  be  presented  to  the  treasurer  of  the 
proper  county  within  sixty  days  after  it  was  drawn  by  said  board  of 
directors.  Provided,  that  if  such  order  is  not  presented  within  the 
above  specified  time,  it  shall  be  rejected  and  become  null  and  void. 
All  such  orders  shall  be  paid  in  the  order  of  their  presentation. 

Sec.  6256.  If  there  are  no  funds  with  which  to  pay  such  order, 
the  treasurer  shall  endorse  the  same,  "  Not  paid  for  want  of  funds,'^ 
giving  the  date  and  signing  his  name  ofiicially.  Within  thirty  days 
thereafter,  the  holder  of  such  order  shall  present  it  to  the  county 
clerk,  who  shall  issue  to  him  a  warrant  for  the  amount  of  such  order 
at  par,  payable  only  at  the  county  treasurer's  office,  when  in  funds 
to  the  credit  of  said  district.  He  shall  number  and  record  each 
warrant  in  the  book  provided  for  such  purpose,  keeping  a  separate 
record  for  each  district.  Provided^  that  if  such  order  is  not  pre- 
sented within  the  above  specified  time,  it  shall  be  rejected  and  be 
null  and  void  (bb).     Act  Nov.  30,  1875,  sec.  2. 

(bb)  The  %-8t    ection  of  this  act  was  held  unconstitutional  in  McCracken  v.  Moody,  33—81. 


38  SCHOOLS  AND  SCHOOL  LANDS. 

VIOLATION  OF  SCHOOL    LAWS — DUTY    OF    PEOSEOUTING    ATTOKNEYS. 

Sec.  6257.  The  prosecutiDg  attorney  of  each  judicial  district 
shall,  upon  being  satisfied  that  any  violation  of  the  school  laws  of 
this  state  has  been  committed  by  any  officer  or  person,  in  any  county 
of  his  district,  which  renders  such  officer  or  person  so  offending 
liable  to  any  fine,  pain,  penalty  or  forfeiture  for  damage,  without 
delay,  institute  in  any  court  of  competent  jurisdiction  such  pro- 
ceedings as  are  necessary  to  bring  such  offender  to  trial,  and  secure 
to  the  county  school  district,  or  person  damaged  by  such  violation, 
the  benefits  and  reliefs  to  which  each  or  any  of  them  maybe  entitled  ; 
and  for  such  services  the  prosecuting  attorney  shall  be  allowed  the 
same  compensation  as  he  is  allowed  in  cases  of  misdemeanor,  which 
shall  be  assessed  against  such  offender  as  cost.  Act  March  11, 1881, 
sec.  10. 

SPECIAL  ACT    FOR   THE    REGULATION    OF    PUBLIC    SCHOOLS    IN  CITIES 

AND  TOWNS. 

Sec.  6258.  Any  incorporated  city  or  town  in  this  state,  includ- 
ing the  territory  annexed  thereto  for  school  purposes,  may  be  organ- 
ized into  and  established  as  a  single  school  district  in  the  manner 
and  with  the  powers  hereinafter  specified.     Act  Feb.  4,  1869,  sec.  1. 

Sec  6259.  Upon  the  written  petition  of  twenty  voters  of  such 
city  or  town,  praying  that  the  sense  of  the  legal  voters  of  said  city 
or  town  may  be  taken  on  the  adoption  of  this  act  for  the  regulation 
and  government  of  the  public  schools  therein,  it  shall  be  the  duty 
of  the  mayor  of  such  city  or  town,  within  five  days  after  the  presen- 
tation of  such  petition,  to  designate  and  fix  a  day,  not  less  than  seven 
nor  more  than  fifteen  days  distant,  for  holding  an  election  in  said 
city  or  town  for  that  purpose,  and  also  for  the  election  by  ballot,  at 
the  same  time,  of  a  board  of  six  school  directors  for  said  city  or 
town. 

Sec  6260.  The  mayor  «hall  cause  notice  of  said  election  to  be 
given  by  posting  notices  in  at  least  five  public  places  in  said  city  or 
town,  and  by  one  insertion  in  such  newspapers  as  may  be  published 
in  said  city  or  town.     The  electors  at  said  election  desiring  to  vote 


SCHOOLS  AND  SCHOOL  LANDS.  39 

Ik 

in  favor  of  the  adoption  of  this  act  shall  have  written  or  printed  on 
their  ballots,  '^  For  the  school  law/'  and  those  opposed  thereto  shall 
have  written  or  printed  on  their  ballots,  "  Against  the  school  law  /' 
and,  if  a  majority  of  the  ballots  cast  at  said  election  shall  be  'Tor 
school  law/'  then,  and  in  that  case  only,  shall  such  city  or  town  be 
deemed  and  held  to  be  a  single  school  district  under  and  in  pur- 
suance of  this  act,  and  the  directors  voted  lor  and  elected  at  said 
election  shall  qualify  and  enter  upon  the  discharge  of  their  duties  as 
hereinafter  provided. 

Sec.  6261.  Said  election  shall  be  held  at  the  same  places  and 
conducted  in  the  same  manner  as  elections  for  municipal  officers  of 
said  city  or  town;  and  the  returns  of  said  election  shall  be  made  to 
the  mayor  and  aldermen  of  said  city  or  town,  who  shall  declare  the 
result  of  said  election  ;  and,  if  this  act  is  adopted,  they  shall  cause 
notice  to  be  given  to  the  persons  elected  directors. 

Sec.  6262.  Immediately  after  receiving  notice  of  their  election, 
and  taking  the  oath  of  office  required  of  school  directors,  which  oath 
shall  be  filed  with  the  clerk  or  recorder  of  said  city  or  town,  said 
directors  shall  meet,  and,  by  lot,  determine  the  length  of  time  of 
their  respective  terms  of  office.  Two  shall  serve  until  the  third 
Saturday  in  December  next  after  their  election,  two  for  one  year 
thereafiCr,  two  for  two  years  thereafter,  and  on  the  third  Saturday 
in  December  next  after  the  first  election,  and  annually  [^on  that  day 
thereafter,  there  shall  be  chosen,  in  the  same  manner,  two  directors, 
who  shall  serve  for  three  years,  and  until  their  successors  are  elected 
and  qualified.  Said  board  shall  fill  any  vacancy  that  may  occur 
therein  until  the  next  annual  election  for  directors,  when  such 
vacancy  shall  be  filled  by  election.     lb,,  sec.  2. 

Sec.  6263.  Said  board  of  directors  shall  organize  by  choosing 
from  their  own  number  a  president  and  secretary,  who  shall  hold 
their  offices  until  the  last  Saturday  in  December,  and  annually  on 
that  day  said  board  shall  meet  and  elect  from  their  number  a  presi- 
dent and  secretary.     lb.,  sec.  3. 

Sec.  6264.  Said  board  of  directors  shall  hold  a  regular  meeting 
on  the  last  Saturday  in  each  month,  and  may  hold  stated  meetings 
at  such  other  times  and  places  in  said  district  as  they  may  appoint ; 


40  SCHOOLS  AND  SCHOOL  LANDS. 

four  members  of  said  board  shall  constitute  a  quorum,  but  a  less 
number  may  adjourn  from  time  to  time;  special  meetings  thereof 
may  be  called  by  the  president,  or  by  any  two  members  of  the 
board,  on  giving  one  day's  notice  of  the  time  and  place  of  the 
same,  and,  in  case  of  the  absence  of  the  president  at  any  meeting  of 
the  board,  a  president  'pro  tempore  slmll  be  chosen.  The  office  of 
any  member  of  said  board,  as  such,  who  shall,  without  good  cause, 
fail  to  attend  three  consecutive  monthly  or  stated  meetings  of  said 
board,  may  be  declared  vacant  by  the  board.  The  board  may  make 
rules  and  regulations  for  their  own  government  and  for  the  dispatch 
and  regulation  of  the  school  business  and  affairs  of  the  district  not 
inconsistent  with  law.     lb.,  sec.  4. 

Sec.  6265.  Said  board  of  directors  shall  have  power  to  purchase 
or  lease  school-house  sites,  to  build,  hire  or  purchase  school-houses, 
and  to  keep  in  repair  and  furnish  the  same  with  necessary  seats, 
desks,  furniture,  fixtures  and  fuel,  and  to  insure  the  same ;  to  fence 
the  school  grounds,  erect  out-houses,  provide  wells,  and  make  all 
other  improvements  on  the  school-house  grounds  and  school-houses 
belonging  to  the  said  district  necessary  and  proper  for  the  comfort, 
convenience  and  health  of  the  scholars  and  the  preservation  of  said 
property  ;  to  hire  teachers  for  all  public  schools  of  the  district ; 
employ  a  superintendent  of  the  schools,  who  may  also  be  principal 
of  any  graded  or  high  school  that  said  board  may  establish ;  to  pro- 
vide books  and  apparatus  for  the  schools,  and  the  necessary  blank 
books  and  stationery  for  the  board,  and  school  registers  and  the 
blanks  for  the  teachers;  to  establish  and  maintain  a  sufficient  num- 
ber of  primary,  graded  or  high  schools  to  accommodate  all  the 
scholars  in  said  district  (*);  to  determine  the  branches  to  be  taught 
and  the  text-books  to  be  used  in  the  several  schools  of  the  district 
(t);  to  admit  pupils  not  belonging  to  the  district  on  such  terms  as 
they  may  agree  upon  with  theparentsor  guardians  of  said  pn[)ils,  or  the 
district  from  whence  they  came  ;  to  appoint  a  board  of  three  visitors 
and  examiners  for  the  schools  of  the  district,  which  board  shall  examine 
persons  applying  to  teach  in  any   of  the  schools  in  said  district ; 

(*)  But  no  tax  for  any  purpose  can  now  be  levied  by  the  county  court  without  a  vote  of  thf 
eleetx)r8  of  the  district.    Art.  XIV,  see.  3.  Const.;  Cole  v.  Blachwell,  ?8— 271. 
(t)  See  gices.  6167,  6216. 


SCHOOLS  AJ^D  SCHOOL  LANDS.  41 

provided^  no  teacher  shall  be  employed  who  does  not  hold  a  certifi- 
cate from  the  state  superintendent  or  county  examiner ;  to  examine, 
from  time  to  time,  the  books  and  the  accounts  of  the  county  treas- 
urer, so  lar  as  the  same  relate  to  the  several  school  funds  belonging 
to  the  district;  and  when,  in  the  opinion  of  a  majority  of  the  mem- 
bers of  said  board,  the  best  interests  of  the  district  demand  a  sale  or 
exchange  of  any  real  estate  or  school-house  site  belonging  to  the  dis- 
trict, they  may  sell  or  exchange  the  same,  the  deed  therefor  to  be 
executed  by  the  president  of  the  board  upon  a  majority  vote  of  the 
whole  board  of  dire<?tors  authorizing  and  directing  such  sale  or  ex- 
change.    Ib.y  sec.  5. 

Sec.  6266.  It  shall  be  the  duty  of  said  board,  as  soon  as  the 
means  for  that  purpose  can  be  provided,  to  establish  in  said  district 
an  adequate  number  of  primary  schools,  so  located  as  bett  to  accom- 
modate the  inhabitants  thereof;  and  it  shall  be  the  further  duty  of 
said  board  to  establish  in  said  district  a  suitable  number  of  other 
schools  of  a  higher  grade,  wherein  instruction  shall  be  given  in 
such  studies  as  may  not  be  provided  for  in  the  primary  schools;  the 
number  of  schools,  the  grades  thereof,  and  the  branches  to  be 
taught  in  each  and  all  of  said  schools  to  be  determined  by  said 
board.  It  shall  be  the  duty  of  said  board  to  keep  said  schools  in 
operation  not  less  than  three  nor  more  than  ten  months  in  each  year. 
The  said  board  shall  have  power  to  make  and  enforce  all  necessary 
rules  and  regulations  for  the  government  of  teachers  and  pupils  in 
said  schools.  Said  board  shall  also,  separately  or  collectively,  to- 
gether with  such  persons  as  they  may  appoint  or  invite,  visit  the 
schools  in  the  district  at  least  twice  in  each  year,  and  observe  the 
discipline,  mode  of  teaching,  progress  of  the  pupils,  and  see  that 
the  teachers  keep  a  correct  register  of  the  pupils,  embracing  the  pe- 
riods of  time  during  which  they  attend  school,  the  branches  taught, 
and  such  other  matters  as  may  be  required  by  law  or  by  the  instruc- 
tions of  the  state  superintendent.     76.,  sec.  6. 

Sec.  6267.  No  draft  or  warrant  shall  be  drawn  on  the  county 
treasurer,  except  in  pursuance  of  an  order  of  said  board ;  all 
drafts  or  warrants  on  the  treasurer  shall  be  signed  by  the  presi- 
dent, or  president  pro  tempore,  and  the  secretary,  and  shall  specify 


12  SCHOOLS  AND  SCHOOL  LANDS. 

the  fund  on  which  they  are  drawn    and    the  use  for  which  the 
money  is  assigned.     lb.,  sec,  8. 

Sec.  6268.  The  secretary  shall  record  all  the  proceedings  of 
the  hoard  in  books  kept  for  that  purpose  ;  shall  make  and  pre- 
serve copies  of  all  reports  required  by  law  to  be  made  to  the 
state  superintendent  of  public  instruction  or  county  examiner; 
shall  file  all  papers  transmitted  to  him  pertaining  to  the  busi- 
ness of  the  district ;  shall  make,  or  cause  to  be  made,  the  annual 
enumeration  of  the  youth  of  the  district  in  the  time  and  man- 
ner required  by  law  of  school  directors,  and  shall  perform  such 
other  duties  as  the  board  of  directors  may  order  and  direct; 
and  for  his  services  may  be  allowed  reasonable  compensation,  to 
be  audited  and  allowed  by  a  majority  of  said  board.  The  other 
members  of  said  board  shall  receive  no  compensation  fcr  their 
services,     lb.,  sec.  9. 

Sec.  6269.  The  title  of  all  real  estate  and  other  property 
belonging,  for  school  purposes,  to  any  city  or  town  organized 
into  a  separate  school  district  under  this  act  shall  vest,  and 
hereby  is  vested,  in  said  city  or  town,  as  a  school  district,  and 
shall  be  under  the  management  and  control  of  the  board  of 
school  directors  for  said  district  as  fully  and  completely  as  other 
school  property  belonging  to  said  district,     lb.,  sec.  10. 

Sec.  6270.  All  school  districts  formed  under  and  governed 
by  this  act  shall  be  known  by  the  name  of  the  city  or  town  con- 
stituting the  district,  with  the  words  *^  School  District  of"  pre- 
fixed thereto  (as,  for  example,"  School  District  of  Little  Rock"); 
and,  by  such  name,  may  sue  and  be  sued,  contract  and  be  con- 
tracted with,  purchase,  acquire,  hold  and  sell  property,  receive 
gifts,  grants  and  bequests,  and  generally  shall  possess  and  enjoy 
all  the  corporate  powers  usually  possessed  by  bodies  corporate 
of  like  character.  The  style  of  the  board  of  directors  for 
school  districts  under  this  act  shall  be,  "  Board  of  School  Direc- 
tors."    lb.,  sec.  11. 

Sec.  6271.  The  board  of  school  directors  of  any  district  or- 
ganized under  this  act  shall  pay  and  discharge  all  debts  and  li- 
abilities lawfully  incurred  by  the  several  school  districts  existing 


SCHOOLS  AND  SCHOOL  LANDS.  43 

under  previous  law  and  embraced  in  the  district  organized  un- 
der this  act.     Ib.y  sec.  12. 

Sec.  6272.  Any  person  elected  a  director  under  the  provisions 
ot  this  act  who  shall  fail  to  take  the  oath  of  office  and  qualify  as 
herein  required,  or  who,  after  qualifying  as.  such  director,  shall  fail 
to  perform  and  discharge  the  official  duties  incumbent  upon  him  as 
a  director,  shall  be  liable  to  the  same  penalties  that  now  are  or  may 
be  hereafter  provided  by  law  against  directors  of  school  districts  for 
failing  or  refusing  to  qualify,  or  for  neglect  of  official  duty,  lb., 
sec.  13. 

Sec.  6273.  The  board  of  directors  may  fix  the  term  of  office 
and  define  the  duties  of  the  board  of  visitors  and  examiners  of  the 
public  schools  in  their  district,  and  any  person  appointed  by  the 
board  of  directors  a  member  of  said  board  of  visitors  and  examiners 
who  shall  refuse  to  act  as  such,  and  discharge  the  duties  pertaining 
to  such  position,  shall  forfeit  and  pay  to  said  district  the  sum  of 
twenty-five  dollars,  to  be  recovered  in  civil  action  in  the  name  of 
said  district,  and  added  to  the  teachers'  fund  belonging  to  said  dis- 
trict. Provided,  that  no  person  shall  be  compelled  to  serve  in  that 
capacity  more  than  three  consecutive  years.  Said  board  of  visitors 
and  examiners  shall  receive  no  compensation  for  their  services.  76., 
see.  14. 

Sec.  6274.  All  school  districts  organized  under  this  act  shall 
have  and  receive  their  full  proportion  and  distributive  share  of  the 
general  school  fund  of  the  state,  in  the  same  manner  and  according 
to  the  same  rule  as  it  is  or  may  be  apportioned  to  other  districts. 
Ib.y  sec.  15. 

Sec.  6275.  It  shall  be  the  duty  of  the  state  superintendent  and 
county  examiners  to  make  such  suggestions  and  recommendations  to 
the  board  of  directors  in  relation  to  organizing  and  conducting  the 
public  schools  in  the  districts  organized  under  this  act  as  they  shall 
deem  important. 

Sec.  6276.  The  provisions  of  the  general  school  laws  of  the  state 
which  are  now  or  may  hereafter  be  in  force,  when  not  inapplicable, 
and  so  far  as  the  same  are  not  inconsistent  with  and  repugnant  to  the 
provisions  of  this  act  shall  apply  to  districts  organized  under  this 


44  SCHOOLS  AISTD  SCHOOL  LANDS. 

act ;  and  such  provisions  of  said  laws  as  are  inconsistent  with  and  re- 
pugnant to  the  provisions  of  this  act,  and  inapplicable  to  districts 
organized  thereunder,  shall  have  no  operation,  force  or  effect  in  such 
districts.  The  county  court  shall  annex  contiguous  territory  to 
single  school  districts,  under  the  provisions  of  this  act,  when  a 
majority  of  the  legal  voters  of  said  territory  and  the  board  of  direc" 
tors  of  said  single  district  shall  ask,  by  petition,  that  the  same  shall 
be  done.     lb,,  sees.  16,  17. 

SCHOOL    LANDS. 

Sec.  6277.  -Whenever  the  inhabitants  of  any  congressional  town- 
ship in  this  state  shall  desire  the  sale  of  the  sixteenth  section  of  such 
township,  or  for  any  land  substituted  therefore,  they  may  by  written 
petition,  signed  by  a  majority  of  the  male  inhabitants  of  such  town- 
ship, require  the  collector  of  taxes  of  the  county  wherein  such  school 
land  is  situated  to  sell  the  same.     Act  March  22,  1881,  sec.  1. 

Sec.  6278.  Upon  the  reception  of  such  petition,  the  collector 
shall  ascertain  that  it  is  signed  by  a  majority  of  the  male  inhabitants 
of  such  township,  and  shall  immediately  proceed  to  divide  the  land 
into  forty-acre  tracts  ;  and  after  making  such  division,  a  statement 
or  plat  of  the  same  and  number  of  each  tract  shall  be  made,  so  that 
the  boundaries  may  be  defined  and  ascertained,  which  statement  or 
plat  of  the  sections  shall  be  used  as  a  guide  in  advertising  and  selling 
said  lands.  Provided,  that  the  collector  may,  when  necessity  requires 
it,  call  the  county  surveyor  of  his  county  to  assist  in  such  survey  and 
division ;  and  he  shall  be  allowed  and  paid,  out  of  the  interest  of 
the  funds  arising  from  the  sale  of  such  school  lands  by  the  said  col- 
lector, such  compensation  as  he  is  allowed  by  law  for  similar  ser- 
vices ;  and  the  receipt  of  such  surveyor  to  said  collector  shall  be  a 
sufficient  voucher  for  the  money  so  paid.  Act  April  12,1^^^,  sec 
4,  and  act  Ilareh  22,  1881,  sec.  2. 

Sec.  6279.     In  subdividing  shool   lands  for  sale,   no  tract  shall 
contain  more  than  forty  acres ;  and  the   division  may  be  made  into 
town  or  village  lots,  with  roads,  streets  or  alleys  between  them.     lb., 
sec.  5. 

Sec.   6280.     In  all  sales  of  school  lands,  such  sales  shall  commence 


SCHOOLS  AND  SCHOOL  LANDS.  45 

at  the  north-east  corner  tract,  which  shall  be  numbered  one,  and 
shall  be  made  in  tracts  of  not  more  than  forty  acres  each,  so  long  as 
there  shall  be  as  much  as  forty  acres  remaining  to  be  sold.  Act 
July  18,  1868,  sec,  2. 

Sec.  6281.  The  collector  shall  cause  each  tract  or  subdivision  of 
such  school  land  to  be  appraised  at  a  fair  value  by  three  disinter- 
ested house-holders  of  the  county,  each  of  whom  shall  take  an  oath, 
which  shall  be  indorsed  upon  the  appraisement,  that  he  does  not 
desire  or  intend  to  buy  said  land,  or  any  part  thereof,  and  that  he 
will  not,  directly  or  indirectly,  be  or  become  interested  in  the  pur- 
chase thereof  at  the  sale  to  be  made  by  the  collector.  Such  appraise- 
ment shall  be  returned  to  the  collector. 

Sec.  6282.  The  collector  shall  then  give  notice  that  he  will  sell 
the  said  school  land  at  the  court-house  door  of  the  county,  on  the 
first  day  of  the  next  term  of  the  county  court,  upon  the  terms  pre- 
scribed by  law.  Such  notice  shall  be  published  in  some  newspaper 
published  in  the  county  where  the  land  is  situated  at  least  four 
weeks  before  the  day  of  sale.  If  there  be  no  newspaper  published 
in  said  county,  then  the  collector  shall  post  up  written  notices  in  at 
least  six  of  the  most  public  places  of  the  county  four  weeks  before 
the  day  of  sale.  The  collector  shall  also,  in  either  case,  put  up  a 
copy  of  the  notice  upon  the  school-house  situated  on  the  land,  if 
there  be  one  thereon;  if  not,  at  the  most  public  place  on  the  land. 

Sec.  6283.  Upon  the  day  of  sale  the  collector  shall  offer  the 
lands  at  public  auction  in  separate  subdivisions,  beginning  with 
number  one  and  ending  with  the  last  mentioned  division.  Such 
sale  shall  be  made  between  the  hours  of  12  M.  and  3  p.  M.,  but  may 
be  continued  from  day  to  day,  at  the  same  place  and  between  the 
same  hours,  until  all  have  been  sold  or  offered.  The  sale  shall  be 
made  upon  the  terms  of  one-fourth  cash,  the  balance  payable  in  one 
two  and  three  years  from  date,  in  equal  payments,  bearing  interest 
at  the  rate  of  eight  per  centum  per  annum  from  date  of  sale  until 
paid.  The  purchaser  shall  at  once  pay  the  cash  payment  and  exe- 
cute and  deliver  to  the  collector  his  notes,  payable  to  the  treasurer 
of  the  county  and  his  successors  in  office,  for  the  deferred  payments 
and  interest. 


46  SCHOOLS  AND  SCHOOL  LANDS. 

Sec.  6284.  If  any  bidder  shall  fail  to  perfect  his  bid,  by  paying 
the  cash  payment  and  executing  his  notes,  the  collector  shall  im- 
mfdiately  re-sell  the  land,  and  the  bidder  shall  be  responsible  for  the 
difference  between  his  bid  and  the  price  at  which  the  land  sold, 
which  may  be  recovered  from  him  by  the  collector  in  an  action  for 
the  use  of  the  township. 

Sec.  6285.  No  tract  or  subdivision  shall"  be  sold  for  less  than 
three-fourths  of  its  appraised  value.  If  any  tract  offered  is  not  sold, 
it  may  be  offered  again,  upon  like  notice,  upon  the  first  day  of  the 
next  or  any  succeeding  term  of  the  county  court,  and  be  so  offered 
until  sold,  without  a  new  petition. 

Sec.  6286.  The  purchaser  shall  not  make  merchandise  of  the 
wood  on  said  land,  or  remove,  or  permit  it  to  be  removed  or  cut 
down,  save  for  improvements  on  the  land  ;  and  the  bond  and  secu- 
rity shall  be  given  for  the  faithful  performance  of  this  requirement 
until  the  full  amount  of  the  purchase  money  is  paid. 

Sec.  6287.  The  collector  shall,"  without  delay,  report  all  sales  to 
the  county  court,  which  may  reject  or  confirm  the  same.  If  any 
sale  be  rejected,  the  court  may  order  the  collector  to  again  advertise 
and  offer  the  land,  and  may  specify  the  minimum  price  at  which  the 
tract  may  be  sold,  not  to.be  less  than  two-thirds  of  appraised  value. 
If  the  sale  be  confirmed,  the  collector  shall  execute  and  deliver  to 
the  purchaser  a  certificate  in  the  following  form : 

*^  1, ,  collector  in   and   for  the  county  of 

certify  that has  purchased   lot  No. ,  of  section 

,  in  township ,  range ,  for  the  price  of dollars, 

of  which  he  has  paid  cash dollars,  and  has  executed  his  three 

notes,  each  for dollars,  maturing  at  one,  two  and  three  years 

from  this  date,  bearing  interest  at  the  rate  of  eight  per  centum  per 
annum  from  date.     If  said  notes  and  interest  are  paid  at  maturity,  I, 

or  my  successor  in  office,  will  convey  said  lot  of  land  to  said 

;  but  if  either  of  said  notes  be  not  paid  at  maturity,  said 

shall  surrender  to  me  possession  of  said  land,  and 


shall  forfeit  his  purchase  and  the  money  paid.  A.  B, 

''  Collector  of County:' 

The  purchaser  shall  thereupon  be  entitled  to  take  possession  of  the 


SCHOOLS  AND  SCHOOL  LANDS.  47 

land  and  to  improve  the  same;  but  if  he  shall  fail  to  pay  either  note 
at  maturity,  he  shall  forfeit  his  purchase  and  all  money  paid.  If  the 
sale  be  rejected  by  the  county  court,  the  collector  shall  return  to  the 
purchaser  his  notes  and  money.  In  all  cases  proper  orders  of  con- 
firmation or  rejection  shall  be  entered  of  record  by  the  court. 

Sec.  6288.  Out  of  the  cash  payment  the  collector  shall  pay  costs 
of  advertising  and  costs  of  orders  of  confirmation  or  rejection  of  sale. 
He  may  also  retain  two  percent,  of  the  cash  payment  for  his  ser- 
vices. The  residue  of  money  and  notes  he  shall  deliver  to  the 
county  treasurer,  who  shall  keep  the  same  separate  as  the  property 
of  the  township  to  which  the  land  belongs,  under  direction  of  the 
county.  The  treasurer  shall  lend  all  moneys  belonging  to  town- 
ships in  his  hands,  keeping  each  and  the  security  for  each  separate 
by  townships,  taking  as  security  for  the  money  loaned  a  note,  with 
one  responsible  person  as  security,  and  a  trust  conveyance  of  real 
estate  worth,  excluding  improvements,  at  least  double  the  sum 
loaned  thereon ;  interest  thereon  to  be  paid  annually  at  ten  percent. 
Loans  may  be  made  for  five  years,  but  on  failure  to  pay  any  install- 
ment of  interest,*  the  principal  shall  become  due,  and  the  land  taken 
as  security  shall  be  subject  to  sale  for  the  payment  thereof,  whether 
so  expressed  in  the  deed  or  not. 

Sec.  6289.  On  the  day  that  the  apportionment  of  school  funds  is 
made  by  the  county  court,  the  treasurer  shall  report  to  the  court  the 
amount  of  interest  in  his  hands  belonging  to  each  congressional 
township  in  his  county,  and  the  court  shall  apportion  the  interest  so 
belonging  to  each  township  to  and  among  the  schools  kept  or  taught 
in  such  townships. 

Sec.  6290.  If  any  purchaser  shall  fail  to  pay  his  notes,  or  either 
of  them,  the  treasurer  or  his  successor  in  office  shall  at  once  notify 
the  county  collector  of  such  default,  and  thereupon  the  collector 
shall  immediately  and  without  warrant  or  writ  enter  upon  and  take 
possession  of  the  tract  upon  which  default  of  the  purchase  money 
has  been  made,  and  shall  advertise  and  sell  the  same  in  the  same 
manner  that  the  sale  in  the  first  instance  was  made,  except  .that  no 
petition  for  sale  shall  be  necessary.  Provided,  that  if  the  purchaser 
shall  pay  the  amount  of  the  note  due,  all  interest  thereon,  the  cost 


48  SCHOOLS  AND  SCHOOL  LA:^rDS. 

of  advertisiDg  and  a  fee  of  two  per  cent,  of  the  amount  due  to  the 
collector,  upon  or  before  the  day  of  sale,  the  sale  shall  not  be  made, 
and  the  collector  shall  redeliver  possession  to  the  purchaser. 

Sec.  629L  When  any  purchaser  makes  full  payment  of  all  pur- 
chase money  and  interest,  the  treasurer  shall  give  him  a  certificate 
that  full  payment  has  been  made,  and,  upon  presentation  of  such 
certificate  to  the  county  collector  for  the  time  being,  the  collector 
shall,  at  the  expense  of  the  purchaser,  convey  the  tract  mentioned  in 
the  treasurer's  certificate  to  such  purchaser,  his  heirs  and  assigns. 

Sec.  6292.  The  county  treasurer  shall  receive  for  his  compen- 
sation two  per  cent,  of  the  interest  collected,  and  no  more.  Act 
March  22,  1881,  sees.  3-10. 

Sec.  6293.  As  soon  as  practicable,  the  commissioner  of  state 
lands  shall  turn  over  to  the  county  clerks  of  the  several  counties  in 
this  state  all  books,  maps,  papers,  surveys  and  evidences  of  debt 
pertaining  to  the  sixteenth  section  in  the  several  counties,  and  all 
collectors  shall  pay  over  to  the  treasuries  of  their  respective  counties 
all  funds  in  their  hands,*  or  that  may  come  into  their  hands,  arising 
from  the  sale  of  the  sixteenth  section.  /6.,  sec.  11,  as  amended  by 
act  March  10,  1883. 

Sec.  6294.  Where  the  county  line  runs  through  a  congressional 
township,  the  sheriff  shall  pay  over  to  the  county  treasurers  of  each 
of  the  counties  in  which  a  part  of  such  township  is  situated  a_pro 
rata  share  of  any  moneys  arising  from  the  sale  of  thespteenth  section, 
according  to  the  number  of  acres  in  each  county  so  interested.  Act 
March  10,  1883,  sec.  2. 

PATENTS. 

Sec.  6295.  When  the  purchaser  of  any  portion  of  the  common 
school  lands  has  heretofore  assigned,  or  may  hereafter  assign,  the 
certificate  of  purchase  of  such  land,  the  title  thereof  may  be  made 
directly  to  the  last  assignee  of  such  certificate  of  purchase,  upon  full 
payment  of  all  the  purchase  money  and  interest  due  on  said  land. 
Act  April  12,  1869,  sec.  10. 

Sec.  6296.  If  any  person  who  shall  have  purchased  any  por4;ion 
of  the  sections  of  school  lands  from  the  collector   of  any  of  the 


SCHOOLS  AND  SCHOOL  LAKDS.  49 

counties  of  this  state,  and  paid  one-fourth  the  purchase  money  there- 
for, and  received  a  bond  for  title  from  such  collector,  shall  die  be- 
fore such  payment  is  fully  made,  and  the  executor,  administrator, 
guardian  or  legal  representative  of  such  deceased  person  shall  pay 
or  cause  to  be  paid  the  balance,  if  any,  that  shall  be  due  to  the  col- 
lector on  said  purchase,  upon  the  certificate  of  the  collector  of  the 
proper  county  that  the  whole  of  the  purchase  money,  with  all  the 
interest  due  thereon,  has  been  fully  paid,  the  auditor  shall  forth- 
with execute  a  deed,  as  is  now  required  by  law,  to  the  heirs  at  law 
of  such  deceased  person  (X).     lb.,  sec.  IL 

Sec.  6297.  The  land  thus  conveyed  to  the  heirs  shall  stand 
charged  with  the  amount  of  money  necessarily  advanced  to  the 
school  fund,  in  order  to  p?'ocure  title,  and  shall,  in  other  respects,  be 
chargeal)le  with  the  rights  and  incumbrances  that  would  have  at- 
tached had  it  decended  regularly  to  the  same  heirs.     lb. 

Sec.  G29S.  All  patents  issued  fur  sixteenth  section,  or  any  part 
thereof,  or  common  school  land  during  the  war  of  the  rebellion,  and 
all  the  official  acts  of  the  officers  of  this  state,  in  regard  to  such 
lands,  during  the  said  war,  and  also  all  deeds  made  by  the  common 
school  commissioners  of  the  several  counties  in  compliance  with  an 
act  of  the  legislature  of  the  state,  entitled,  ^^  An  act  to  relieve  cer- 
tain citizens  of  Arkansas  who  ])urchased  school  lands,'^  passed 
March  4,  1867,  are  hereby  confirmed,  ratified  and  made  valid,  and 
full  faiih  and  credit  shall  be  given  to  said  patents,  deeds  and  official 
acts  in  all  the  courts  of  this  state.  Provided,  nothing  herein  shall 
be  construed  to  prevent  the  setting  aside  of  any  of  said  deeds  or 
patents  for  actual  fraud  or  mistake. 

Sec.  6299.  Any  right,  title  or  interest  which  the  State  of  Ar- 
kansas may  have  acquired,  or  holds  by  virtue  of  any  judgment,  de- 
cree, execution  or  sale  of  any  court  in  this  state,  in  lands  for  which 
patents  or  deeds  have  been  made  and  issued  as  mentioned  in  section 
6298,  is  hereby  vested  in  the  proper  owners  thereofunder  such  deeds 
or  patents. 

Sec.  6300.  The  attorney  representing  the  State  of  Arkansas  is 
hereby  instructed  and  required  to  dismiss  all  suits  now  pending  for 

(I)  SeeSHC.  eSOI. 

S4 


50  SCHOOLS  AND  SCHOOL  LANDS. 

school  lands  where  patents  or  deeds  have  been  made  therefor,  as 
specified  in  section  6298,  or  if  it  does  not  appear  on  the  face  of  the 
pleadings  filed  that  such  patents  or  deeds  have  been  made,  then  the 
patent  or  deed  may  be  pleaded  in  bar  of  the  suit,  or  the  court  may- 
dismiss  the  suit  on  exhibition  and  profert  of  such  deed  or  patent ; 
and  where  judgment  or  decree  has  been  entered,  and  S9le  has  not 
been  made,  the  state's  attorney  shall  enter  satisfaction  in  full  thereof 
on  the  presentation  to  him  of  such  deed  or  patent. 

Sec.  6301.  If  any  purchaser  of  school  lands  shall  have  paid  the 
purchase  money  thereof,  and  received  no  deed  or  patent  therefor,  or 
if  any  person  now  owing  for  school  lands  bought  shall  hereafter  pay 
out  his  indebtedness  therefor,  and  shall  produce  to  the  auditor  satis- 
factory evidence  of  such  payment,  the  auditor  shall  be,  and  he  is 
hereby,  authorized  and  required  to  execute  to  such  person,  or  to  his 
legal  representative,  a  deed  conveying  all  the  right,  title  and  inter- 
est of  the  State  of  Arkansas  in  such  lands;  but  if  payment  has  not 
been  made  before  suit  is  begun,  the  purchaser  shall  also  pay  the 
costs  of  the  suit.  Provided,  this  act  shall  only  apply  to  purchases 
of  school  lands  made  before  the  passage  of  this  act.  Act  Dec.  14, 
1875. 

LEASE  OF  SCHOOL  LANDS. 

Sec.  6302.  All  school  lands  in  any  county  in  this  state  suscep- 
tible of  cultivation  shall  be  leased  by  the  county  collector  of  said 
county  from  the  first  to  the  tenth  of  January  in  each  year.  Act 
April  10,  1869,  sec.  12. 

Sec.  6303.  The  manner  and  terms  of  leasing  said  lands  shall  be 
by  public  outcry  to  the  highest  bidder,  the  lessee  paying  one-half 
the  amount  of  rent  in  cash  at  the  time  of  leasing  and  the  balance  at 
the  end  of  the  year.     lb. 

Sec.  6304.  At  least  twenty  days'  public  notice  of  the  time  and 
place  of  offering  such  lands  for  rent  or  lease  shall  be  given  by  said 
collector  by  publishing  the  same  in  the  newspapers  of  the  county 
and  by  posting  up  hand  bills  at  the  most  prominent  points  through- 
out the  country,    lb. 

Sec.  6305.     If  any  school  lands  offered   for  rent  or   lease  at  the 


SCHOOLS  AND  SCHOOL  LANDS.  51 

time  and  in  the  raanner  above  indicated  shall  not  bring  such  price 
as  the  collector  shall  think  a  reasonable  rent  therefor,  he  shall  be 
authorized  to  rent  the  same  by  private  contract  for  the  ensuing  year, 
or  for  a  longer  term  if  he  shall  deem  it  expedient.     Ih. 

Sec.  6306.  The  occupants  of  school  lands  prior  to  the  passage 
of  this  act  shall  be  required  to  pay  a  reasonable  annual  rental  during 
the  time  said  lands  have  been  so  occupied,    lb. 

Sec.  6307.  The  lessees  of  school  lands  shall  be  subject  to  the 
same  provisions  governing  the  lessees  of  other  property.  Provided^ 
that  it  shall  not  be  rented  for  a  less  amount  than  was  oliered  at  pub- 
lic sale.     Ih. 


AMENDMENTS. 


SCHOOL   LA^VS 

PASSED   BY   THE 

GENERAL  ASSEMBLY -- STATE  OF  ARKANSAS, 

SESSION  1885. 


ACT  XXX. 

AN  ACT  to  amend  section  6283  of  the  Revised  Statutes  of  Arkansas. 
Section. 
1.    iVmendh  Section  6283  of  the  Revised  Statutes. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas  : 

Section  1.  That  Section  6283  be  so  amended  as  to  read  as  fol- 
lows :  Upon  the  day  of  sale  the  collector  shall  offer  the  lands  at 
public  auction  in  separate  sub-divisions,  beginning  with  number 
one  and  ending  with  the  last  mentioned  division.  Such  sale  shall 
be  made  between  the  hours  of  12  m.  and  3  p.  m.,  but  may  be  contin- 
ued from  day  to  day,  at  the  same  place  and  between  the  same  hours, 
until  all  have  been  sold  or  offei^rled.  The  sale  shall  be  made  upon 
iihe  terms  of  one-fourth  cash,  the  balance  payable  in  one,  two  and 
three  years  from  date  in  equal  payments,  bearing  interest  at  the  rate 
of  eight  per  centum  per  annum  from  date  of  sale  until  paid.  The 
purchaser  shall  at  once  pay  the  cash  payment  and  execute  and  deliv- 
er to  the  collector  his  notes,  payable  to  the  treasurer  of  the  county, 
and  his  successors  in  office,  for  the  deferred  payments  and  interest, 
provided,  that  the  purchaser  may  pay  all  such  bid  in  cash,  or  may, 
at  any  time  before  maturity,  pay  off  said  notes  with  accrued  interest. 
Provided,  that  such  lands  shall  not  be  sold  for  less  than  one  dollar 
and  a  quarter  ($1.25)  per  acre. 
Approved  February  27th,  1885, 


SCHOOLS  AND  SCHOOL  LANDS.  55 

ACT  LIII. 

AN  ACT  to  aiilhorize  the  County  Courts  of  this  State  to  place  to  the  credit 
of  tlie  "  Common  School  Fund  "  any  and  all  school  funds  in  the  County 
Treasuries,  whenever  there  is  any  doubt  as  to  the  proper  placing  of  said 
funds. 

I'REAMBLE. 

Misappropriation  of  County  School  Funds. 
Section. 

1.  County  Courts  shall  apportion  to  each  School   District   its  share  ot  the  School   Funds   of 

county. 

2.  The  principal  derived  from  sale  of  16th  section  shall  not  be  apportioned. 

3.  All    laws  and  parts  thereof  in   conflict  with  this  Act   are   repealed,  and  this  Act  in  force 

from  passage. 

Whereas,  There  exists  certain  school  funds  in  the  county  treasury 
of  many  of  the  counties  of  this  State,  derived  from  various  sources, 
about  which  there  is  some  doubt  with  the  County  Courts  as  to  their 
proper  application  ;  and 

Whereas,  These  funds  are,  in  many  instances,  deposited  in  banks 
and  used  in  said  banks  as  funds  for  the  transaction  of  exchange 
business,  and  bring  no  interest  to  the  School  Fund,  and  in  other 
instances  said  school  funds  have  lain  for  years  in  the  safes  of 
county  treasurers  without  any  benefit  accruing  therefrom  to  the 
schools  of  said  counties;  and 

Whereas,  It  is  utterly  impossible  for  the  County  Courts  to  other- 
wise equitably  appropriate  said  funds,  unless  relief  in  this  direction 
is  granted  by  the  Legislature,  therefore 

Be  it  enacted  by  the  General  Assembly  of  the  State  oj  Arkansas : 

Section  L  That  the  County  .Courts  of  the  various  counties  in 
the  State  of  Arkansas  are  hereby  authorized  and  empowered  to 
place  to  the  credit  of  the  Common  School  Fund  of  the  county,  any 
and  all  school  funds  that  may  be  in  the  county  treasury,  derived 
from  various  sources,  and  about  which  there  is  any  doubt  as  to  their 
proper  application  with  the  County  Court,  and  that  said  school  funds, 
when  so  placed  to  the  credit  of  the  Common  School  Fund,  shall  be, 
by  said  County  Courts,  apportioned  among  the  school  districts  of 
the  county  as  is  now  provided  by  law. 

Sec.  2.  The  principal  arising  from  the  sale  of  the  sixteenth 
(16th)  section  of  land  shall  never  be  apportioned  or  used,  and  should 
any  of  the  funds  mentioned  in  this  Act  arise  from  the   ^ale   of  said 


56  SCHOOLS  AND  SCHOOL  LANDS. 

sixteenth  (16th)  section  of  land  and  there  should  be  any  doubt  as  to 
the  township  from  whence  it  came,  then  such  townships  as  have  not 
disposed  of  the  sixteenth  (16th)  section  of  land,  or  may  have  dis- 
posed of  the  same  and  have  the  proceeds  placed  to  their  credit, 
shall  not  be  entitled  to  any  part  of  the  interest  arising  from  said 
doubtful  sixteenth  (16th)  section  fund. 

Sec.  3.  That  all  laws  and  parts  of  laws  in  conflict  with  this  Act 
be,  and  the  same  are,  hereby  repealed,  and  that  this  Act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  March  13,  1885. 


ACT  LXIX. 


AN  ACT  to  amend  sections  six  thousand  two  hundred  and  sixty-two  (6262), 
and  six  thousand  two  hundred  and  sixty-three  (6263),  of  the  Kevised 
Statutes  of  Arkansas. 

Section. 

I."   Amends  section  6262  of  revised  statutes  relating  to  school  directors. 

2.  Amends  section  6263. 

3.  Conflicting  laws  repealed,  and  this  Act  in  force  and  effect  from  passage. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas  : 

Section  L  That  section  six  thousand  two  hundred  and  sixty- 
two  (6262)  of  the  Revised  Statutes  of  Arkansas,  be  so  amended  as 
to  read  as  follows:  Immediately  after  receiving  notice  of  their  elec- 
tion and  taking  the  oath  of  office  .required  of  school  directors,  which 
oath  shall  be  filed  with  the  clerk  or  recorder  of  said  city  or  town, 
said  directors  shall  meet  and  by  lot  determine  the  length  of  time 
of  their  respective  terms  of  office.  Two  shall  serve  until  the  third 
(8)  Saturday  in  May  next  after  their  election ;  two  for  one  year 
thereafter ;  two  for  two  years  thereafter,  and  on  the  third  (3rd)  Satur- 
day in  May  next  after  the  first  election,  and  annually  thereafter, 
there  shall  be  chosen  in  the  same  manner  two  (2)  directors, 
who  .shall  serve  for  three  years,and  until  their  successors  are 
elected  and  qualified.  Said  Board  shall  till  any  vacancy  that 
may  occur  therein,  until  the  next  annual  election  for  directors, 
when  such  vacancy  shall  be   filled  by   election.     The   ballot  of  the 


SCHOOLS  AND  SCHOOL  LANDS.  57 

voter,  in  addition  to  the  names  of  the  persons  voted  for  at 
said  annual  election,  shall  have  written  or  printed  on  it  the 
words :  "  For  tax "  or  "  Against  tax,'^  and  the  rate  the  voter 
desires  levied.  In  other  respects  said  annual  election  shall  be  gov- 
erned by  the  general  school  law. 

Sec.  2.  That  section  six  thousand  two  hundred  and  sixty-three 
(62()3)  be  so  amended  as  to  read  as  follows:  Said  Board  of  Direc- 
tors shall  organize  by  choosing  from  their  own  number  a  president 
and  secretary,  who  shall  hold  their  offices  until  the  last  Saturday  in 
May,  and  annually  on  that  day  said  Board  shall  meet  and  elect 
from  their  number  a  president  and  secretary. 

Sec.  3  That  all  laws  and  parts  of  laws  in  conflict  with  this  Act 
be,  and  the  same  are,  hereby  repealed,  and  that  this  Act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  March  21,  1885. 


ACT  LXX. 

AN  ACT  to  amend  sections  six  thousand  two  hundivjd  and  fifty- five  (6255) 
and  six  thousand  two  hundred  and  fifty-six  (6256)  of  the  Kevised  Statutes 
of  Arkansas. 

Section. 

1.  Amends  section  6255  ol   tlie  Kcviscd  Slatutts,  relating  to  orders  on  the  treasurer  for  schoo 

funds. 

2.  vVmends  section  620(5,  lequirin^  warrants  to  be  endorsed  in  case  no  funds  to  pay  them. 

3.  Conflicting  laws  repealed,  and  this  Act  in  fojce  from  and  after  passage 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas  : 

Section  1.  That  section  six  thousand  two  hundred  and  fifty-five 
(6255)  of  the  Revised  Statutes  of  Arkansas  be  so  amended  as  to 
read  as  follows :  The  order  of  any  board  of  directors,  properly 
drawn  after  the  passage  of  this  Act,  other  than  those  of  single  school 
districts  in  cities  and  towns,  shall  be  presented  to  the  treasurer  of 
the  proper  county  within  sixty  days  after  it  was  drawn  by  said  board 
of  directors.  All  such  orders  shall  be  paid  in  the  order  of  their 
presentation. 

Sec.  2,     That  section   six  thousand   twc   hundred  and   fifty-six 


58  SCHOOLS  AND  SCHOOL  LANDS. 

(6256)  of  the  Revised  Statutes  of  Arkansas  be  amended  as  to  read 
as  follows:  If  there  arc  no  funds  with  which  to  pay  such  order  the 
treasurer  shall  endorse  the  same :  "  Not  paid  for  want  of  funds/' 
giving  the  date  and  signing  his  name  officially.  He  shall  number 
and  record  each  warrant  in  the  book  provided  for  such  purpose, 
keeping  a  separate  record  for  each  district,  and  shall  pay  said  war- 
rants in  the  order  of  their  number. 

Sec.  4.  That  all  laws  and  parts  of  laws  in  conflict  with  this  Act 
be,  and  the  same  are,  hereby  repealed,  and  that  this  Act  take  efiect 
and  be  in  force  from  and  after  its  passage. 

Approved  March  21st,  1885. 


ACT  LXXXVII. 


AN  ACT  to  amend  sectioit  six  thousand,  two  hundred  and  thirty-six  (6236), 
of  Revised  Statutes  of  Arkansas,  eighteen  hundred  and  eighty-four 
(1884). 

Section. 

1.  Amends  secfcion  6236  of  the  Revised  Statutes,  relating  to  duties  of  school  directors 

2.  Repeals  conflicting  laws  and  this  Act  in  force  from  passage. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ai^kansas : 

Section  1.  That  section  six  thousand,  two  hundred  and  thirty-six 
(6236),  of  the  Revised  Statutes  of  Arkansas,  eighteen  hundred 
and  eighty-four  (1884)  be,  and  the  same  is,  hereby  amended  so 
as  to  read  as  follows  :  The  directors  shall  cause  the  public 
schools  in  their  districts  to^be  closed  on  the  days  appointed  for 
public  examination  of  teachers  in  their  county,  and  also  cause 
the  said  school  to  be  closed  during  the  session  of  the  Teacher's 
Institute  ;  Frovided,  That  said  schools  shall  not  be  closed  for  a 
greater  length  of  time  than  five  (5)  days  during  any  one  session 
of  not  more  than  five  (5)  months. 

Sec.  2.     That  all  laws  and  parts  of  laws  in  conflict  with  this  Act 
be,    and    the    same    are,    hereby  repealed  and  this  Act   take  effect 
and  be  in  force  from  and  after  its  passage. 
Approved  March  27th,  1885. 


SCHOOLS  AND  SCHOOL  LANDS.  59 

ACT  CIIL 

AN  ACT  regulating  the  sale  of  the  Sixteenth  (16th)  Sections,  and  to  provide 
for  the  collection  of  all  claims  due  the  School  Fund  arising  from  the 
sales  of  said  Sixteenth  (16th)  Sections  and  for  other  purposes. 

Section. 

1.  Inhabitants  of  juiy  Cougrebsional  township  may  petitiou  for  sale  of  sixleeuth  sectious. 

2.  Duties  of  Collector  on  receipt  of  petition. 

3.  In  subdividing  no  tract  shall  contain  more  than  forty  acres. 

4.  Collector  shall  cause  each  subdivision  to  be  appraised. 

5.  Collector  shall  give  public  notice  of  time  of  sale. 

6.  Collector  shall  offer  each  tract  for  sale  separately.    8ale  shall    take  place  between  hours  of 

12  m.  and  3  p.  m.,  and  may  be  continued  from  day  to  day.  No  tract  shall  be  sold  for  less 
than  appraisement.  If  auy  tract  remain  unsold  Collector  may  without  petition  sell  again, 
giving  notice  of  sale. 

7.  Collector  shall  report  sales  to  the  County  Court.— If  sales  not   conlirmed   court  shall  direct 

Collector  to  advertise  and  sell  again.  Form  of  certilicate  to  be  given  purchaser.  Com- 
missioner of  State  Lands  shall  make  deed  on  presentation  of  certificate. 

8.  CJollector  shall  pay  all  costs  of  sales  out  of  proceeds. 

9.  County  c'erks  shall  ascertain  who  are  paying  taxes  on  lOth  sections.    Other  duties. 

10.  County  clerks  shall  keep  the  account  of  each  township  fotitled  to  benefits  from  this  Act. 

11.  Penalty  imposed  on  county  clerk  f«r  failing  to  keep  record. 

12.  Authorizes   Attorney- General    to   employ    competent   attorneys  in  each  county   to  collect 

claims  due  on  account  of  16th  sections.    Other  duties. 

13.  State  Treasurer  shall  place  to  credit  of  proper  county  all  moneys  received  on  account  16th 

section  lands. 

14.  State  Treasurer  to  invest  money  and  place  accrued  interest  to  credit  of  each  county. 

15.  Accrued  interest  may  be  drawn  in  same  manner  as  now  provided  for  by  law. 

16.  All  evidences  of  indebtedness  arising  from  sales  of  16th  sections  shall  be  turned  over  to  Com- 

missioner of  State  Lands. 

17.  County  Collectors  and  Treasurers  shall  turn  over  to  State  Treasurer  all  the  moneys  in  their 

hands  belonging  to  16th  section  fund. 

18.  Commissioner  of  State  Lands  shall  keep  record  of  all  deeds  made  for  16th  section  lands. 
I'J.    Conflicting  laws  repealed  and  this  Act  in  force  from  passage. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas  : 

Section  L  Whenever  the  inhabitants  of  any  Congressional 
township  in  this  State  shall  de.sire  the  sale  of  the  sixteenth  (16th) 
section  of  such  township,  or  of  any  land  substituted  therefor,  they 
may,  by  written  petition  signed  by  a  majority  of  the  male  inhabi- 
tants of  such  township  require  the  Collector  of  taxes  of  the  county 
wherein  such  land  is  situated  to  sell  the  same. 

Sec.  2.  Upon  the  reception  of  such  petition,  the  Collector  shall  as- 
certain that  it  is  signed  by  a  majority  of  the  male  inhabitants  of 
such  township  and  shall  immediately  proceed  to  divide  the  land  into 
forty  acre  tracts,  and  after  making  such  division,  a  statement  or 
plat  of  the  same  and  number  of  each  tract  shall   be  made  .^o  that  the 


60  SCHOOLS  AND  SCHOOL  LANDS. 

boundaries  may  be  defined  and  ascertained,  which  statement  or  plat 
of  the  sections  shall  be  used  as  a  guide  in  advertising  and  selling 
said  lands.  Provided,  that  the  Collector  may,  when  necessity  re- 
quires it,  call  the  County  Surveyor  of  his  county  to  assist  in  such 
survey  and  division,  and  he  shall  be  allowed  and  paid  out  of  the 
funds  arising  from  the  sale  of  such  school  lands  by  said  Collector 
such  compensation  as  he  is  allowed  by  law  for  similar  services,  and 
the  receipt  of  such  Surveyor  to  said  Collector  shall  be  a  sufficient 
voucher  for  the  money  so  paid. 

Sec.  3.  In  subdividing  the  sixteenth  (ICth)  section  lands  for  sale, 
no  tract  shall  contain  more  than  forty  (40)  acres,  and  the  division 
may  be  made  into  town  or  city  lots  with  roads,  streets  or  alleys  be- 
tween them. 

Sec.  4.  The  Collector  shall  cause  each  tract  or  subdivision  of 
such  school  land  to  be  appraised  at  a  fair  value  by  three  (3)  disinter- 
ested house-holders  of  the  county,  each  of  whom  shall  take  an  oath 
which  shall  be  endorsed  upon  the  appraisement  that  he  does  not  de- 
sire or  intend  to  buy  said  land  or  any  part  thereof  and  that  he  will 
not  directly  or  indirectly  be  or  become  interested  in  the  purchase 
thereof  at  the  sale  to  be  made  by  the  Collector;  such  appraisement 
shall  be  returned  to  the  Collector. 

Sec.  5.  The  Collector  shall  then  give  notice  that  he  will  sell  the 
said  school  lands  at  the  Court  House  door  of  the  county  on  the  first 
day  of  the  next  term  of  the  County  Court  upon  the  terms  pre- 
scribed by  law.  Such  notice  shall  be  published  in  some  newspaper 
published  in  the  county  where  the  land  is  situated  at  least  four 
weeks  before  the  day  of  sale.  If  there  be  no  newspaper  published 
in  SLiid  county,  then  the  Collector  shall  post  up  written  notices  in  at 
least  six  (6)  of  the  most  public  places  of  the  county  four  weeks  be- 
fore the  day  of  sale.  The  Collector  shall  also  in  either  case  put  up 
a  copy  of  the  notice  upon  the  school-house  situated  on  the  land,  if 
there  be  one  thereon  ;  if  not,  at  the  most  public  place  on  the  land. 

Sec.  6.  Upon  the  day  of  sale  the  Collector  shall  ofiPer  the  lands 
at  public  auction  in  separate  subdivisions,  beginning  with  number 
one  (1)  and  ending  with  the  last  mentioned  division.  Such  sale 
shall  be  made  between  the  hours  of  12   m.  and  3  p.  m.,  but  may  be 


SCHOOLS  AND  SCHOOL  LANDS.  61 

continued  from  day  to  day  at  the  same  place  and  between  the  same 
hours  until  all  have  been  sold  or  offered.  The  sale  shall  be  made 
for  cash.  If  any  bidder  shall  fail  to  perfect  his  bid  by  paying  the 
cash,  the  Collector  shall  immediately  re-sell  the  land  and  the  bidder 
shall  be  responsible  for  the  difference  between  his  bid  and  the  price 
at  which  the  land  sold,  which  may  be  recovered  from  him  by  the 
Collector,  in  action  for  the  use  of  the  township  and  the  Collector 
shall,  if  necessary,  at  once  institute  suit  against  such  bidder  to  re- 
cover the  amount  of  difference  between  his  bid  and  the  price  at 
w^hich  the  land  sold.  No  tract  or  such  division  shall  be  sold  for 
less  than  three-fourths  of  its  appraised  value.  Provided  further, 
that  no  tract  or  subdivision  of  the  sixteenth  (16)  section  lands  shall 
be  sold  at  a  less  price  than  one  dollar  and  twenty-five  cents*  ($1.25) 
per  acre.  If  any  tract  offered  is  not  sold  it  may  be  offered  again 
upon  like  notice,  upon  the  first  (1st)  day  of  the  next,  or  any  succeed- 
ing term  of  the  County  Court  and  so  on  until  sold  without  a  new 
petition. 

Sec.  7.  The  Collector  shall,  without  delay,  report  all  sales  to  the 
County  Court,  which  may  reject  or  confirm  the  same.  If  any  sale 
be  rejected,  the  County  Court  may  direct  the  Collector  to  again 
advertise  and  offer  the  land  and  may  specify  the  minimum  price  at 
which  the  tract  or  tracts  may  be  sold,  not  to  be  less  than  two-thirds 
(f)  of  its  appraised  value.  Provided,  that  no  tract  or  subdivision  of 
the  sixteenth  (16th)  section  lands  shall  be  sold  at  a  less  price  than 
one  dollar  and  twenty-five  cents  ($1.25)  per  acre.  If  the  sale  be 
confirmed  by  the  County  Court  the  Collector  shall  execute  and  de- 
liver to  the  purchaser  a  certificate  in  the  following  form  : 

I, Collector  in  and  for  the  county  of , 

State  of    Arkansas   certify  that has   purchased 

of  section ,  in  township ,  range ,  con- 
taining  acres,  at  $ dollars  per  acre,  and  has  paid  to 

me  in  full  the  sum  of $ ;..    dollars.     The   expense    of 

this  sale  was :  » 

Cost  of  advertising,  $  

Cost  of  order  of  confirmation,  |.... 

Cost  of  rejection  of  prior  sale,  $ 


62  SCHOOLS  AND  SCHOOL  LANDS. 

Surveyor's  fee  (if  any),  $ 

Collector's  commission,  ...per  cent.,  $...'* 

Leaving  a  net  balance  of  $ 

in  my  hands  due  the  sixteenth  (16th)    section    fund   account   of 
this  county. 

Now,  therefore,  upon  the  presentation  of  this  certificate  to  the 

Commissioner  of  State  Lands,  the  said ,  his  heirs 

or  assigns,  shall  he  entitled  to  a  deed  from   said   Commissioner 
of  State  Lands  for  the  tract  of  land  above  described. 

Collector  of County. 

In  all  cases  proper  orders  of  confirmation  or  rejection  shall 
be  entered  on  record  by  the  County  Court. 

Sec.  8.  Out  of  the  money  received  by  the  Collector  for  the 
sale  or  sales  of  the  sixteenth  (16th)  section  lands,  he  shall  pay 
the  cost  of  advertising,  cost  of  confirmation  order,  cost  of  rejec- 
tion of  sale  (if  an}^),  surveyor's  fee  (if  any),  and  he  may  retain 
for  his  services  two  (2)  per  cent,  of  the  gross  amount  received 
by  him  for  the  sale  of  such  land  ;  the  residue  of  the  money  re- 
ceived for  the  sale  of  said  land,  after  deducting  the  expenses  as 
are  above  provided  for,  he  shall  at  once  transmit  to  the  Treas- 
urer of  State,  who  shall  place  the  amount  to  the  credit  of  the 
county's  sixteenth  (16th)  section  fund  to  which  it  rightfully 
belongs. 

Sec.  9.  That  the  county  clerks  of  the  several  counties  in 
this  State  shall  examine  carefully  and  closely  the  tax  books  of 
their  respective  counties  and  ascertain  what  person  or  persons 
are  paying  taxes  on  any  part  or  parts  or  the  whole  of  the  six- 
teenth (16th)  section  lands,  and  it  shall  be  the  further  duty  of 
the  county  clerks  after  ascertaining  from  the  tax  books  the  names 
of  any  person  or  persons  paying  taxes  on  any  of  the  sixteenth 
(16th)  section  lands,  and  the  numbers  of  said  lands,  to  examine 
the  record  of  deeds  and  fi'nd  by  what  authority  and  whether  any 
title  or  titles  vest  in  said  person  or  persons  in  whose  name  or 
names  said  lands  are  assessed,  and  shall  on  or  before  the  first 
Monday  in  September,  eighteen  hundred  and  eighty-five  (1885), 


SCHOOLS  AND  SCHOOL  LANDS.  63 

make  and  forward  to  the  Commissioner  of  State  Lands  a  full 
and  complete  statement  of  the  exact  status  and  condition  of  all 
of  the  sixteenth  (16th)  section  lands  in  their  respective  counties. 
The  county  clerks  shall  be  allowed  the  sum  of  forty  dollars 
($40.00)  each  for  their  services  in  making  this  report,  and  it 
shall  be  paid  to  them  by  their  respective  counties. 

Sec.  10.  That  the  county  clerks  of  the  several  counties  in 
this  State  shall  keep  in  a  well-bound  book  provided  for  that 
purpose,  correct  and  accurate  accounts  with  each  and  every 
township  in  their  several  counties,  which  may  be  entitled  to 
any  of  the  funds  under  this  Act,  and  shall  immediately  after 
each  and  every  sale  of  any  part  of  said  sixteenth  (16th)  sections 
certify  to  the  Auditor  of  State  the  amount  of  moneys  received 
by  such  collectors  on  account  of  such  sales  and  the  Auditor 
shall  thereupon  charge  the  same  to  such  collector. 

Sec.  11.  That  a  neglect,  failure  or  refusal,  by  any  county 
clerk  to  perform  any  and  all  duties  enjoined  upon  him  by  the 
provisions  of  this  Act,  shall  be  deemed  a  misdemeanor  and 
upon  conviction  thereof,  such  clerk  shall  be  fined  in  any  sum 
not  less  than  one  hundred  dollars  ($100.00),  nor  more  than  ^ve 
hundred  dollars  ($500.00),  for  each  offense  and  may  be  removed 
from  office. 

Sec.  12.  That  the  Attorney-General  of  the  State  of  Arkansas 
be,  and  he  is  hereby  authorized  and  instructed  to  employ  com- 
petent attorneys  residing  in  the  counties  in  which  the  lands 
are  situated  to  collect  all  claims  and  notes  due  the  school  fund 
arising  from  the  sale  of  the  sixteenth  (16th)  section  lands.  Be- 
fore taking  charge  of  any  of  such  notes  or  claims,  each  of  said 
attorneys  shall  be  required  to  give  bond  for  the  faithful  keep- 
ing, collecting  and  accounting  for  same,  as  provided  for  in  this 
Act,  in  double  the  sum  of  the  amount  supposed  to  come  into 
his  hands,  and  such  security  as  shall  be  approved  by  the  Cir- 
cuit Judge  of  the  Judicial  Circuit  in  which  said  attorney  resides, 
and  such  bond  when  approved  shall  be  filed  with  the  Commis- 
sioner of  State  Lands  and  the  Commissioner  of  State  Lands 
shall,  when    such  bond  has  been  filed  with  him,  turn  over,  or 


64  SCHOOLS  AND  SCHOOL  LANDS. 

cause  to  be  turned  over  to  the  said  attorney,  all  notes  and 
claims  due  the  school  fund  pertaining  to  the  sixteenth  (16th)  sec- 
tion lands.  Said  attorneys  may  retain  as  fees  for  collection, 
ten  per  cent,  of  the  gross  amount  collected  by  them  under  the 
provisions  of  this  Act.  The  remainder  of  said  gross  amount, 
after  deducting  their  fees,  as  above  provided  for,  shall  be  by 
said  attorneys  transmitted  without  delay  to  the  Treasurer  of 
State,  who  shall  place  the  same  to  the  credit  of  the  sixteenth 
(16th)  section  fund  of  the  county  to  which  it  rightfully  belongs, 
and  said  attorneys  shall  prepare  and  forward  to  the  Commis- 
sioner of  State  Lands  a  statement  for  each  and  every  collection 
made  by  them,  setting  forth  the  name  of  the  maker  of  the  note 
or  claim,  the  date  of  same,  and  dates  of  all  previous  payments 
(if  any)  made  on  such  note  or  claim. 

Sec.  13.  All  moneys  paid  into  the  State  Treasury  arising 
from  the  sale  or  collection  of  notes  and  claims  pertaining  to  the 
sixteenth  (16th)  section  lands,  shall  be  by  the  State  Treasurer 
placed  to  the  credit  of  the  county's  sixteenth  (16th)  section 
fund,  to  which  said  moneys  may  rightfully  belong,  and  the 
Treasurer  of  State  shall,  for  each  payment  to  him  on  account 
of  the  sixteenth  (16th)  section  fund,  issue  triplicate  receipts,  one 
of  which  receipts  shall  be  filed  with  the  Auditor  of  State,  one 
filed  with  the  Commissioner  of  State  Lands  and  one  given  to 
the  party  making  the  payment. 

Sec.  14.  The  Treasurer  of  State  shall,  by,  and  under  direc- 
tion of  the  Board  of  Commissioners  of  the  Common  School 
Fund,  as  soon  as  practicable  after  the  receipt  of  any  moneys 
paid  into  the  State  Treasury  on  account  of  the  sixteenth  (16th) 
section  fund,  invest  the  same  in  either  United  States  bonds  or 
bonds  of  the  State  of  Arkansas,  and  as  interest  accrues  on 
said  investment,  he  shall  collect  the  same  and  place  to  the  credit 
of  the  respective  counties'  sixteenth  section  fund  ac- 
counts such  interest  on  said  investment,  in  the  proportion  to 
which  each  county  is  properly  entitled. 

Sec.  15.  That  the  interest,  accruing  to  the  several  counties 
and  townships,  that   may  hereafter   be   in   the   State  Treasury, 


SCHOOLS  AND  SCHOOL  LANDS.  65 

shall  be  drawn  out  of  the  Treasury  in  the  same  manner  as  now 
provided  by  law  for  drawing  other  funds  due  counties,  and 
when  drawn  shall  be  accounted  for  by  the  County  Treasurer  in 
the  same  manner  as  for  other  county  funds  thus  drawn,  and  the 
County  Court  shall  distribute  and  set  apart  to  the  proper  town- 
ships all  such  sums  and  funds  as  shall  be  due  such  township, 
either  from  the  sales  of  sixteenth  (16th)  sections  in  such  town- 
ships, or  from  collections  of  notes  belonging  thereto. 

Sec.  16.  That  all  notes,  claims,  bonds,  papers  or  evidences  of 
debt  belonging  to  the  school  fund,  arising  from  the  sale  or  sales 
of  the  sixteenth  (16th)  section  lands,  in  the  hands  of  County 
Collectors  or  other  persons,  shall  be,  within  ninety  days  after 
the  passage  of  this  Act,  turned  over  to  the  Commissioner  of 
State  Lands. 

Sec.  17.  That  all  County  Treasurers,  Collectors  or  other  per- 
sons having  in  their  possession  any  funds  arising  from  the  sale 
or  sales  of  the  sixteenth  (16th)  section  lands,  shall  within  ninety 
days  after  the  passage  of  this  Act,  pay  the  same  into  the  State 
Treasury,  and  the  State  Treasurer  shall  place  the  same  to  the 
credit  of  the  respective  counties'  sixteenth  (16th)  section  fund 
accounts  to  which  said  funds  do  rightfully  belong. 

Sec.  18.  That  upon  the  presentation  to  the  Commissioner  ot 
State  Lands  of  any  certificate  of  purchase  as  specified  in  section 
seven  (7)  of  this  Act,  the  Commissioner  shall  execute  to  the 
purchaser  a  deed  for  the  lands  therein  described,  and  shall  keep 
a  full  and  complete  record  of  all  such  sales  and  of  the  deeds  so 
issued,  and  it  shall  be  the  further  duty  of  the  Commissioner  of 
State  Lands  to  keep  as  correct  records  of  sale  or  sales  of  the 
sixteenth  (16th)  section  lands  as  the  reports  made  to  him  from 
time  to  time  may  enable  him  to  do. 

Sec.  19.     That  all  Acts  and  parts  of  Acts  in  conflict  with  this 

Act  be,  and  the  same  are  hereby  repealed,  and  this  Act  to  take 

efl'ect  and  be  in  force  from  and  after  its  passage. 

Approved  March  31,  1885. 
S6 


APPENDIX 


APPENDIX. 


Forms  for  tlie  Use  of  School  Offiet^rs. 


FOBM  /.—FORM  OF  NOTICE  OF  MEETING  FOR  THE  EXAMINATION  OF 
SCHOOL  TEACHERS. 


Notice  is  hereby  given  that  there  will  be  a  Public  Examination  of  Teachers,  at 

the days  of A.  D.  18...,  to  ascertain  the  Professional  Qualifications  of 

all  persons  desiring  to  teach  in  the  Public  Schools  of County. 


County  Examiner. 
County,  Arkansas. 


FORM  //.-DIRECTORS  OATH. 


I,  .*. do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitu- 
tion of  the  United  States,  and  the  Constitution  of  the  State  of  Arkansas,  and  that  I  will  faithfully 
discharge  the  duties  of  the  office  of upon  which  I  am  now  about  to  enter. 

Sworn  and  subscribed  to  before  me,   this day  of 18 


County  Clerk. 

jRc«ia?A\s.— This  Oath  must  be  taken  and  subscribed  before  some  competent  officer  or  old  direc- 
tor, within  ten  (10)  days  after  the  fifteenth  (15th)  of  October,  and  filed  in  the  office  of  the  County 
Clerk. 


FORM  III.- AH^UAI.  REPORT, 


Of  the  Directors  of  District  No ,  to  the  County  Examiner  of 

County,  State  of  Arkansas,  for  the  School  Year  ending  June  30, 18.... 


FORMS  FOR  SCHOOL  OFFICERS.  .  69 


Number  of  White  Pupils,  between  six  and  twenty-one  years  of  age,  enrolled  in  the  Public 
Schools  during  the  year  ;  Males ;  Females ;  Total 

Number  of  Calored  Pupils,  between  six  and  twenty-one  years  of  age,  enrolled  in  the  Public 
Schools  during  the  year  ;  Males ;  Females ;  Total 

Total  Number  enrolled,  both  White  and  Colored :  Males ;  Females 

Total 

Average  Number  of  each  sex  in  daily  attendance  ;  Males Females ; 

Total 

Total  Number  studying  Orthography ;  Reading ;  Mental  Arith- 
metic  ;  Written  Arithmetic ;  English  Grammar , 

Geography ;  History ;  Higher  Branches 


TEACHERS. 

Grade  Certificate,  salary  $ per  month 

Grade  Certificate,  salary  $ per  month  ; 

Grade  Certificate,  salary  $ per  raoiith  ; 

, Grade  Certificate,  salary  8 per  month  ; 

Who'e  amount  paid  Teachers  during  the  year,  $ 

Number  of  visits  received  from  the  Directors  during  the  first  term ;  during  the 

second  terra 

Number  of  days  the  school  was  taught  by  a  licensed  teacher 

SCHOOL-HOUSES    ERECTED   DURING   THE    YEAR, 

No.  of  Log ;  Condition ;  CosCj ;  No.   of  Frame 

;  Condition ;  Cost  $ ;  No.  of  Brick ; 

Condition ;    Cost  f ;  No.  of   Stone ;    Condition 

;  Costs No.  of  School-Houses  previously  erected  ;  Log ; 

Frame ;  Brick ;  Stone ;  Condition ; 

Values 

Value  of  all  Other  Property  belonging  to  the  District,  8 ;  Condition  of  School- 
House  Grounds  ;  No.  enclosed ;  No.  not  enclosed 

TAXES    VOTED    BY   THE   DISTRICT. 

For  Salaries  of  Teachers  S ;  For  Purchase  or  Lease  of  Sites ;  For 

Purchase,  Erection  or  Hire  of  Houses ;  For  Repair  of  Houses  and  Grounds 

;  For  Fuel  and  Incidental  Expenses ;  For  Furniture,  Apparatus, 

Lights,  etc ;  For  Other  Purposes ;  Total   Amount  of  Taxes  Voted 

for 

FINANCIAL    STATEMENT. 

Receipts  :    From  State  Apportionment  8 ;    From  District  Tax ; 

From  Grants  and  Gifts ;  From  Sale  or  Lease  of  Houses  or  Sites 

From  Other  Sources ;  Total 

Disbursements :    Amounts  drawn  from  County  Treasury  ;  For  Salaries  of  Teachers  $ ; 

P'or  Purchase  or  Lease  of  Sites ;  For  Purchase,  Erection   or  Hire  of  Houses 

■;.... :  For  Repair  of  Houses  or  Grounds ;  For  Fuel  and  Incidental    Ex- 
penses  ;  For  Other  Expenses ;  Total  Amount  drawn  from  County 

Treasury  during  the  year 

Revenues  Remaining  on  Hand,  subject  to  the  order  of  the  District;  Of  State  Apportionment 
8 ;  of  District  Tax ;  of  Grants  and  Gifts ;  of  Rev- 
enues dtrived  from  Sale  or  Lease  of  Houses    or  Sites ;  of  Revenues  derived  from 

Other  Sources .* ;  Total  Amount  remaining  in  the  County  Treasury,  subject  to  the 

ordeiijOf  the  District 


FORMS  FOK  SCHOOL  OFFICERS. 


STATE  OF  ARKANSAS, 


County  of j  We,  

Directors  of  School  District  No County  of ,  being  duly  sworn, 

state  on  oath  that  the  foregoing  report  is  in  all  respects  a  just  and  true  statement  of  the  statistics, 
affairs  and  transactions  in  said  District,  for  the  time  and  as  to  the  matters  therein  mentioned,  ac- 
cording to  the  best  of  our  knowledge  and  belief.    So  help  us  God. 


Subscrib.dand  sworn  to  before  me,  this day  of. 


Directors. 

,..18 

J.   P. 


REMARKS. 


Remarks.— The  Board  oi  Directors  will  transmit  this  blank  properly  filled  out,  to  the  County 
Examiner  of  their  county,   between  the  first  and  tenth  days  of  September. 

A  failure  to  do  so  will  subject  them  to  the  liability  of  a  fine  of  twenty-five  dollars  ($26.00),  to 
be  recovered  by  action  against  them,  at  the  instance  of  the  prosecuting  attorney  of  his  district. 


FORM  /r.-ENUMERATION  REPORT. 


The  NAMES,  AGES,  SEX  AND  eoi.OK,  of  all  pcrsous  residing  in  District  No ,  in  the 

County  of ,  between  the  ages  of  six  and  twenty-one  years;  on  the  first  day  of 

September,  188...,  are  truly  set  fortli  in  the  following  schedule : 


WHITE.        1 

. 

COLORED. 

ei 

0^ 

No. 

NAMES. 

n: 

-3 

No. 

NAMES. 

n 

^ 
< 

1 

1 

^ 

ENUMERATION  REPORT.- Concluded. 
Deaf,  Blind,  Insane  and  Dumb. 


No.    lusane.     No.  Deaf.       No.  Blind, 


Dumb.       Total 


Age.         POST-OFFICE. 


Total  Number  White  Males 

Total  Xumber  "VV'hite  Females 

Aggregate -^^ 

Total  Number  Colored  Males 

Total  Number  Colored  Females 

Aggregate .^^^^^^^^^^^^^^^^^^^^^^^L^ 

Total  Aggregate 


FORMS  FOR  SCHOOL  OFFICERS.  71 

STATE  OF  ARKANSAS,     ^ 

County  of ) 

We 

Directors  of  School  District  No County  of ,  being  duly  sworn, 

state  on  oatli  that  the  foregoing  report  is  in  all  respects  a  just  and  true  statement  of  the  statistics, 
aft'airs and  transactions  in  said  district,  for  the  time  and  as  to  the  matters  therein  mentioned,  ac- 
cording to  the  best  of  our  knowledge  and  belief.    So  help  us  God. 


Directors. 

Subscribed  and  sworn  before  me  this day  of 18 

J.  P. 

Remarks. — Directors  will  prepare  this  report  between  the  first  and  tenth  days  of  September, 
and  copy  it  into  their  record  book.  A  failure  to  do  so  will  subject  them  to  a  fine  of  twenty-five  dollars 
($25. ©0),  and  lender  them  liable  to  the  damages  which  their  district  may  incur  through  their  neg- 
lect. (See  section  seventy-four  of  the  School  Law.)  "  Thirteenth  "  in  the  seventeenth  section  of 
some  copies  of  the  Law,  should  be  "  Thirtieth." 


FORM   r.-TEACHER'S  CONTRACT. 

ARKANSAS. 


This  agreement,  Between. 


as  Directors  of  District  No ,  in  the  County  of ,  State  of 

Arkansas,  and 

who  agree  to  teach  a  Common  School  in  said  District,  is  as  follows  : 

The  said  Directors  agree,  upon  their  part,  in  consideration  of  the  covenants  of  said  Teacher 

hereinafter  contained  to  employ  the  said 

to  teach  a  Common  School  in  said  District,  for  the  term  of months, 

commencing  on  the , day  of ; ,  A.  D.  18 ,  to  pay  therefor  in 

the  manner,  and  out  of  the  funds  provided  by  law,  the  sum  of dollars,  for  each 

school  month. 

Said  Directors  further  agree,  that  all  the  steps  required  or  allowed  by  law  to  be  taken  by  said 
District  and  Its  officers,  to  secure  the  payment  of  teachers'  wages,  shall  be  so  had  and  taken 
promptly,  and  the  requirements  of  the  law,  in  favor  of  the  Teacher  complied  with  by  said  District. 

The  Teacher,  on part,  agrees  to  keep school  open hours  each 

school  day ;  keep   carefully  the  Register  required  by  law ;  preserve  from  injury  to  the  utmost  of 

power,  the  District  property  ;  give  said  school entire  time,  aud  best  efforts 

daring  school-hours  ;  use utmost  influence  with  parents  to  secuee  a  full   attendance  of 

"cholars,  and  generally  to  comply  with  all  the  requirements  of  the  laws  of  this  State  in  relation  to 

Teachers,  to  the  best  of ability. 

Signatures, 


Directors. 

Teacher. 


Date 18 

Place,  

Remarks.— A  duplicate  should  be  made  out  and  given  to  the  teacher. 

No  Board  should  allow  a  teacher  to  commence  school  until  a  contract  be  properly  signed  by 
both  parties.    The  Board  should  require  the  certificate  to  be  presented  when  the  contract  is  signed. 


72  FORMS  FOR  SCHOOL  OFFICERS 

No FOEM  VI.  Grade  No 

DEPARTMENT  OF  PUBLIC  INSTRUCTION. 

State  of  Arkatisas. 
TEACHER'S   LICENSE. 

THIS  IS  TO  CERTIFY,  That 

having  presented  satisfactory  testimonials  of  good  moral  character,  has  this  day  been  examined  in 
Orthography,  Reading,  Writing,  Mental  and  Written  Arihnietic,  English  Grammar,  Modern  Geo- 
graphy, History  of  the  United  States,  and  is  hereby  licensed  to  leach  the  same  in  the  Public 

Schools  of  this  State,  within  the  limits  of County,  for  the  term  of 

year months  from  the  date  hereof,  unless  sooner  revoked. 

Given  under  my  Hand,  this day  of A.  D.  188 


County  Examiner. 


STANDING. 

100  being  taken  as  the  Standard  of  Perfection. 

Orthography Writing Mental  Arithmetic 

Modern  Geography Reading Englisli  Grammar 

Written  Arithmetic History  of  tke  United  States 


FORM   T'7/.-CERTIFICATE   OF  SCHOOL  TAX  LEVIED. 

A7'kansas. 

Office  of  School  Directors,  District  No 


.18. 


To  the  Honorable  County  Court  of County,  State  of  Arkansas. 

We  hereby  certify,  that  at  a  Meeting  of  the  Voters  of  Sfhool  DictrictNo to 

County,  he  d  on  the day  of 18 ,  it  was  Voted  that  the  sum  of 

dollars  be  levied  on  the  taxable  properly  in  said  District,  for  the  following  School 

purposes,  to- wit : 

Expenses  of  Teaohcrs,  _  _  _  $ 

Purchase  or  lease  of  site,  ...       j 

Purchase,  erection  or  hire  of  site,  -  $ 

Repair  of  house  or  grounds,       -         -  -     8 

Fuel, 5 

Furniture,    -    .     -  -  -  -  -      8 

Other  ^ S 


Purposes,     j 8., 

Total  amount,  -  -  -  -       8., 


And  your  Honorable  Body  will  please  levy  a  tax  on  the  taxable  property  of  this  District,  sul 
cient  to  raise  the  above  amount,  in  accordance  to  law. 
Attest : 


Signed, 

Chairman. 


I 


Bh-eclors. 
Dated  this day  of 18... 

Remarks :— This  certificate  must  be  filed  with  the  County  Clerk  on  or  before  the  first  day  of 
October  in  each  year. 


FORMS  FOR  SCHOOL  OFFICERS. 


73 


FORM  T'77/.— DIRECTOR'S  ESTIMATE  OF  DISTRICT  EXPE^'f^ES. 


ELECTORS  OF  SCHOOL  DISTRICT  NO ,  County  of ,  State  of  Arkansas. 

We  respectfuHy  submit  the  following  as  our  estimate  of  the  expenses  of  the  Public  Schools  in 
this  District,  for  the  term  of  three  months  during  the  present  scholastic  year,  beginning  the  first  of 
last  July,  and  of  the  expense  per  month  of  continuing  the  schools  longer  than  three  months  : 

AMOUNT   NECESSARY 


For  Teachers'  Salaries,  -  _  _  _ 

For  Purchase  or  Lease  of  Sites,  -  - 

For  Purchase,  Erection  or  Hire  of  Houses, 

For  Repair  of  Houses  or  Grounds,  _  _  - 

For  Fuel  and  Incidental  Expenses,  -  - 

For  Furniture,  Apparatus,  Lights,  etc.,         _  _  _ 

For  Other  Purposes,  _  _  _  _ 

Total,         -  .  -  . 

Amount  which  we  will  probably  receive  trom  State  Apportion- 
ment,        ----- 
Remainder  to  be  raised  by  a  District  Tax,      -  -  - 

Expense  of  continuing  the   Schools longer  than   Three 

Months  at Dollars  per  Month, 

Total  Amount  to  be  raised  by  District  Tax, 


The  above  estimate  is  respectfully  submitted  to  j'our  consideration  and  action. 


Directors. 


Dated,  May 


/'Oi^.V  JX— OFFICE  OF  COUNTY  EXAMINER. 


.....County, 18 

Board  of  Directors,  District  No 

You  will  notify  all  Teachers  holding  certificates  of  qualification  to  teach  in  Public  Schools,  that 

aTeachers'  Institute  will  be  held  at , on  the days 

of 18 

Also,  that  Sec.  82  of  the  School  Law  requires  their  attendance. 
Urge  upon  them  the  importance  of  attending. 

County  Examiner, 


iZewiar^  .-—Theimportance  of  the  teachers'  institute  is  recognized  by  all  leading  Edu- 
cator!. Teachers  who  expect  to  be  effective,  and  who  aspire  to  an  honorable  place  in  public  favor 
and  confidence,  should  miss  no  opportunity  to  equip  themselves  for  their  work.  Directors  are  re- 
quested to  urge  upon  Teachers  the  duty  of  attending, 

S6 


74 


FORMS  FOR  SCHOOL  OFFICERS. 


h 

1 

» 

p, 

el 

< 

Si 

H 

Ui 

S 

^ 

< 

>> 

u 

s 

< 

o 

55 

: 

: 

U< 

m 

a 

H 

») 

ti 

(f) 

t 

94 

H 

S 

^ 

D 

O 

o 

1 

M 

<k>* 

Js? 

^ 

^ 

o 

c 

^ 

% 

^ 

„^ 

J^ 

•a 

d 
;?: 

;^ 
w 

.    w 
o 

'A 
< 

■i«;ox 

•sasodinj  aaqiQ 

•SauiBdaa  pnB  Saipiina: 

•89IIBIBg  ,SJ9qOB3X 

d 

Q 

w 
o 

•[B^ox 

•sasodjnj  J9qio 

•8aTJi«d8H  paB  Sarpiina 

•d-HS  ao  asnoq  Sa}SBqoan  j 

' 

•s^iJBiBg  .sjaqoBax 

d 
> 

§ 

H 

i 

•[B^ox 

•saojnos  jaqiQ 

•ff)ji9  JO  siaBJf) 

1 
1 

i 

•91TS  JO 
astion  JO  esBiT  -to  eiBS 

•xBx  'joi-tjsia 

•pai\»I  looqos  uoimnoo 

-    ^ 


FOKMS  FOE  SCHOOL  OFFICERS.  75 

FORM  AT.— DIRECTORS'  WARRANT. 


Xo District  Sohool  Fund,  District  No 

Treasurer  of County,  Arkansas  : 

Pay  to *. ,  or  order, 

the  sum  of 

For out  of 

the Fund. 


Directors. 


FORM  AT/.— ANNUAL  SCHOOL. MEETING. 

NOTICE. 

There  will  be  an  Annual  School  Meeting  of  the  Electors  of  School  District  N'o 

County,  at 

the  third  Saturday  in  May,  18 At  this  meeting  the  following  matters  will  be  submitted  to  the 

consideration  and  action  of  the  Electors  of  said  District : 

It  is  desired  that  every  Elector  be  present. 


Directors. 

DaV, ,  18 

Directors  will  please  bear  in  mind  that  this  notice  must  be  posted  in  three  or  more  conspicuous 
places,  at  least  fifteen  days  before  the  time  of  meeting  ;  and  that  the  objects  of  this  meeting  must  be 
inserted  in  the  appropriate  blanks  above,  as  provided  for  in  section  69  of  the  present  School  Law 
of  Arkansas. 


F  THE 


UNIVERSITY. 

i.v  OF 


-=fc:i;z;^„i^./:.:r-"^ 


C  O^<10 


L39.5S19 


1 80913 


